Case Details
Highbury International AVV and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/1)
-
Mining concession
-
Oil, Gas & Mining
-
BIT Netherlands - Venezuela, Republica Bolivariana de 1991 - Investment Law - Venezuela (1999)
-
ICSID Convention - Arbitration Rules
-
Highbury International AVV (Dutch), Ramstein Trading Inc. (Panamanian)
-
Bolivarian Republic of Venezuela (Venezuelan)
-
January 5, 2011
-
June 14, 2011
-
Enrique BARROS BOURIE (Chilean) - Appointed by the Chairman of the Administrative Council
-
Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Claus VON WOBESER (Mexican) - Appointed by the Respondent(s) -
Mezgravis & Asoc., Caracas, Venezuela
-
Foley Hoag, Washington, D.C., U.S.A.
Procuraduría General de la República, Caracas, Venezuela -
Spanish
-
Concluded
-
September 26, 2013 - The Tribunal renders its award.
-
Claimant(s)
-
January 10, 2014 (Claimant(s))
-
March 6, 2014
-
José Carlos FERNÁNDEZ ROZAS (Spanish)
-
-
Mezgravis & Asoc., Caracas, Venezuela
-
Procuraduría General de la República, Caracas, Venezuela
-
Spanish
-
Concluded
-
September 9, 2019 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
Award of the Tribunal (Spanish;)
(b) Annulment Proceeding
Published Decisions
Decision on Annulment
Available on the ICSID Website
Decision on Annulment (September 9, 2019) Spanish (Original)
(a) Original Proceeding
Date | Development |
---|---|
January 5, 2011 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 14, 2011 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Enrique Barros Bourie (Chilean), appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, President; Guido Santiago Tawil (Argentine), appointed by the Claimant; and Claus von Wobeser (Mexican), appointed by the Respondent. |
June 20, 2011 | The Claimants file a proposal for disqualification of a counsel. |
June 29, 2011 | The Claimants file observations on the proposal for disqualification of a counsel. |
July 8, 2011 | The Respondent files a response to the Claimants' observations of June 29, 2011. |
July 15, 2011 | The Tribunal invites the parties to file further evidence regarding the proposal for disqualification of counsel. |
July 18, 2011 | The Claimants file further evidence regarding the proposal for disqualification of counsel. |
July 20, 2011 | The Respondent files further evidence regarding the proposal for disqualification of counsel. |
August 9, 2011 | The Tribunal holds a first session in Washington, D.C. |
August 10, 2011 | The Tribunal issues a decision on the Claimants’ application for the disqualification of counsel in summary form. |
August 10, 2011 | The Tribunal holds a hearing on disqualification of counsel in Washington, D.C. |
August 24, 2011 | The Claimants file a memorial on the merits. |
October 27, 2011 | The Respondent files a memorial on jurisdiction. |
December 22, 2011 | The Respondent files a counter-memorial on the merits. |
February 13, 2012 | The Tribunal issues Procedural Order No.1, concerning production of documents. |
March 26, 2012 | The Claimants file a counter-memorial on jurisdiction and reply on the merits. |
March 30, 2012 | The Tribunal issues Procedural Order No.2, concerning production of documents. |
April 9, 2012 | The Claimants file a request for provisional measures. |
April 12, 2012 | The Respondent files observations on the Claimants’ request for provisional measures. |
April 13, 2012 | The Claimants file a response to the Respondent’s observations of April 12, 2012. |
April 30, 2012 | The Tribunal issues Procedural Order No. 3, concerning provisional measures. |
May 25, 2012 | The Respondent files a rejoinder on jurisdiction and merits. |
June 25, 2012 | The Claimants file a rejoinder on jurisdiction. |
July 2, 2012 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
August 6, 2012 - August 10, 2012 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
September 19, 2012 | Each party files a post-hearing brief. |
May 31, 2013 | Each party files a statement of costs. |
September 11, 2013 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
September 26, 2013 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
---|---|
January 10, 2014 | The Secretary-General registers an application for annulment of the award filed by Highbury International AVV and Ramstein Trading Inc. |
March 6, 2014 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: José Carlos Fernández-Rozas (Spanish), President; Paolo Michele Patocchi (Swiss); and Álvaro Castellanos Howell (Guatemala); all members appointed by the Chairman of the Administrative Council. |
May 1, 2014 | The ad hoc Committee holds a first session by telephone. |
May 28, 2014 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
July 30, 2014 | Highbury International AVV and Ramstein Trading Inc. file a memorial on annulment. |
December 1, 2014 | The Bolivarian Republic of Venezuela files a counter-memorial on annulment. |
March 2, 2015 | Highbury International AVV and Ramstein Trading Inc. file a reply on annulment. |
April 1, 2015 | The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
April 6, 2015 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
November 9, 2015 | The proceeding is resumed following payment of the required advances. |
January 18, 2016 | The Bolivarian Republic of Venezuela files a rejoinder on annulment. |
March 11, 2016 | The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
March 14, 2016 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
November 2, 2016 | The Secretary General informs the parties that it is considering to move that the ad hoc Committee discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
January 6, 2017 | Following observations from the parties, the Secretary General informs the parties that it has moved that the ad hoc Committee discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
June 16, 2017 | The proceeding is resumed following full payment of the required advances. |
July 13, 2017 | Each party files observations on the request for decision on the Committee’s authority to determine the existence of a settlement agreement. |
July 24, 2017 | Each party files a response to the other party’s observations of July 13, 2017. |
September 27, 2017 | The ad hoc Committee issues a decision on its authority to determine the existence of a settlement agreement. |
February 22, 2018 | The ad hoc Committee holds a hearing on annulment in Washington, D.C. |
May 10, 2019 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
September 9, 2019 | The ad hoc Committee issues its decision on annulment. |