Case Details

Tidewater Investment SRL and Tidewater Caribe, C.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/5)

Proceeding Materials Procedural Details

  • Maritime-support services
  • Services & Trade
  • BIT Venezuela, Republica Bolivariana de - Barbados 1994 - Investment Law - Venezuela (1999)
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Tidewater Investment SRL (Barbadian), Tidewater Caribe, C.A. (Venezuelan)
    • Bolivarian Republic of Venezuela (Venezuelan)
    • March 5, 2010
    • August 31, 2010

      Party Representatives

    • Covington & Burling, Washington, D.C., U.S.A.
    • Curtis, Mallet-Prevost, Colt & Mosle, New York, NY, U.S.A., Washington, D.C., U.S.A., and Mexico City, Mexico
      Procuradora General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • March 13, 2015 - The Tribunal renders its award.

    (b) Revision Proceeding

    • Respondent(s)
    • March 24, 2015 (Respondent(s))
    • March 31, 2015

      Party Representatives

    • Covington & Burling, Washington, DC, U.S.A.
      General Counsel, Tidewater, Houson, TX, U.S.A.
    • Curtis, Mallet-Prevost, Colt & Mosle, New York, NY, U.S.A.
      Procuradora General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • July 7, 2015 - The Tribunal issues its decision on revision.

    (c) Annulment Proceeding

    • Respondent(s)
    • July 16, 2015 (Respondent(s))
    • September 9, 2015

      Party Representatives

    • Covington & Burling, Washington, D.C., U.S.A.
    • Curtis, Mallet-Prevost, Colt & Mosle, New York, NY, U.S.A., Washington, D.C., U.S.A., and Mexico City, Mexico
      Procuradora General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • December 27, 2016 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal

Procedural Order No. 1

Decision on Jurisdiction

Award

Available on the ICSID Website

Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal (December 23, 2010) English (Original)

Procedural Order No. 1 (March 29, 2011) English (Original)

Decision on Jurisdiction (February 8, 2013) English (Original); Spanish (Original)

Award (March 13, 2015) English (Original); Spanish (Original)

(b) Revision Proceeding

Published Decisions

Decision on Application for Revision

Available on the ICSID Website

Decision on Application for Revision (July 7, 2015) English (Original); Spanish (Original)

(c) Annulment Proceeding

Published Decisions

Decision on Stay

Decision sobre la Suspensión

Decision on Annulment

Available on the ICSID Website

Decision on Stay (February 29, 2016) English (Original)

Decision sobre la Suspensión (February 29, 2016) Spanish (Original)

Decision on Annulment (December 27, 2016) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
March 5, 2010 The Secretary-General registers a request for the institution of arbitration proceedings.
July 2, 2010 Following appointment by the Claimants, Andrés Rigo Sureda (Spanish) accepts his appointment as arbitrator.
July 14, 2010 Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
August 28, 2010 Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Campbell McLachlan (New Zealand) accepts his appointment as presiding arbitrator.
August 31, 2010 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Campbell McLachlan (New Zealand), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Andrés Rigo Sureda (Spanish), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
September 28, 2010 The Claimants file a proposal for disqualification of an arbitrator; the proceeding is suspended.
October 4, 2010 The Respondent files observations on the proposal for disqualification.
October 26, 2010 The arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
November 3, 2010 The parties file further observations on the proposal for disqualification.
November 7, 2010 The arbitrator furnishes further explanations in regard to the proposal for disqualification.
December 23, 2010 The proposal for disqualification of an arbitrator is declined; the proceeding is resumed.
January 24, 2011 Each party files a request for production of documents.
January 24, 2011 The Tribunal holds a first session in Washington, D.C.
February 7, 2011 Each party files observations on the other party’s request for production of documents.
March 29, 2011 The Tribunal issues a procedural order concerning production of documents.
April 9, 2011 The Respondent files a further request for production of documents.
April 13, 2011 The Claimant files observations on the Respondent’s further request for production of documents.
April 20, 2011 The Tribunal issues a procedural order concerning production of documents.
May 6, 2011 The Respondent files a memorial on jurisdiction.
July 29, 2011 The Claimants file a counter-memorial on jurisdiction.
The Claimants request the Tribunal to invite certain individuals to give evidence (at the hearing).
August 10, 2011 The Respondent files observations on the Claimants’ request of July 29, 2011.
August 26, 2011 The Claimants file a response to the Respondent’s observations of August 10, 2011.
September 2, 2011 The Respondent files a reply to the Claimants’ response of August 26, 2011.
September 22, 2011 The Tribunal issues a procedural order concerning the Claimants’ request of July 29, 2011.
October 14, 2011 The Respondent files a reply on jurisdiction.
December 21, 2011 The Claimants' file a rejoinder on jurisdiction.
February 29, 2012 - March 1, 2012 The Tribunal holds a hearing on jurisdiction in Washington, D.C.
February 8, 2013 The Tribunal issues a decision on jurisdiction.
July 29, 2013 The Claimants file a memorial on the merits.
October 25, 2013 The Respondent files a counter-memorial on the merits.
January 24, 2014 The Claimants file a reply on the merits.
April 25, 2014 The Respondent files a rejoinder on the merits.
June 9, 2014 - June 12, 2014 The Tribunal holds a hearing on the merits in Washington, D.C.
July 11, 2014 Each party files a submission on costs.
March 4, 2015 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 13, 2015 The Tribunal renders its award.

(b) Revision Proceeding

Date Development
March 23, 2015 Tidewater files observations on Venezuela’s request for revision of March 20, 2015.
March 24, 2015 The Secretary-General registers an application for revision of the award filed by the Bolivarian Republic of Venezuela, and notifies the parties of the provisional stay of enforcement of the award.
March 31, 2015 The original Tribunal is reconstituted in accordance with ICSID Arbitration Rule 51(2). Its members are: Campbell Alan McLachlan (New Zealand), President Andrés Rigo Sureda (Spanish); and Brigitte Stern (French).
April 3, 2015 Venezuela files a response to Tidewater’s observations of March 23, 2015.
April 9, 2015 Tidewater files further observations on the request for revision of March 20, 2015.
June 29, 2015 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
July 7, 2015 The Tribunal issues its decision on revision.

(c) Annulment Proceeding

Date Development
July 16, 2015 The Secretary-General registers an application for annulment of the award filed by the Bolivarian Republic of Venezuela, and notifies the parties of the provisional stay of enforcement of the award.
September 9, 2015 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Abdulqawi Ahmed Yusuf (Somalia), President; Cecil W.M. Abraham (Malaysia); and Rolf Knieper (Germany); all members appointed by the Chairman of the Administrative Council.
October 7, 2015 The Bolivarian Republic of Venezuela files a request to continue the stay of enforcement of the award.
October 28, 2015 Tidewater files observations on Venezuela’s request to continue the stay of enforcement of the award.
November 23, 2015 The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Paris.
January 11, 2016 The Bolivarian Republic of Venezuela files a memorial on annulment.
February 29, 2016 The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.

Tidewater files a counter-memorial on annulment.
April 11, 2016 The Bolivarian Republic of Venezuela files a reply on annulment.
May 23, 2016 Tidewater files a rejoinder on annulment.
July 11, 2016 The ad hoc Committee holds a hearing on annulment in Paris.
July 29, 2016 Each party files a post-hearing brief.
October 27, 2016 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
December 27, 2016

The ad hoc Committee issues its decision on annulment.