Case Details

Tenaris S.A. and Talta - Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/26)

Proceeding Materials Procedural Details

  • Hot briquetted iron production plant
  • Other Industry
  • BIT Venezuela, Republica Bolivariana de - Belgium-Luxembourg 1998, BIT Venezuela, Republica Bolivariana de - Portugal 1994
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Talta - Trading e Marketing Sociedade Unipessoal Lda. (Portuguese), Tenaris S.A. (Luxembourg)
    • Bolivarian Republic of Venezuela (Venezuelan)
    • September 30, 2011
    • April 26, 2012

      Composition of Tribunal

    • John BEECHEY (British) - Appointed by the Parties
    • Judd L. KESSLER (U.S.) - Appointed by the Claimant(s)
      Toby LANDAU (British) - Appointed by the Respondent(s)

      Party Representatives

    • Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A. and Rome, Italy
    • Foley Hoag, Washington, D.C., U.S.A.
      Procuraduría General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • January 29, 2016 - The Tribunal renders its award.

    (b) Rectification Proceeding

    • Respondent(s)
    • March 16, 2016 (Respondent(s))

      Party Representatives

    • Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A. and Rome, Italy
    • Foley Hoag, Washington, D.C., U.S.A.
      Procuraduría General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • June 24, 2016 - The Tribunal issues its decision on the rectification of the award.

    (c) Annulment Proceeding

    • Respondent(s)
    • September 29, 2016 (Respondent(s))
    • December 27, 2016

      Party Representatives

    • Freshfields Bruckhaus Deringer, New York, NY and Washington, D.C., U.S.A.
    • GST, Washington, D.C., U.S.A.
      Procuraduría General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • August 8, 2018 - The ad hoc Committee issues its decision on annulment.  

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (January 29, 2016) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment (English;Spanish;)

Decision on the Request to Maintain the Stay of Enforcement of the Award (English;)

(a) Original Proceeding

Date Development
September 30, 2011 The Secretary-General registers a request for the institution of arbitration proceedings.
December 16, 2011 Following appointment by the Claimant, Judd L. Kessler (U.S.) accepts his appointment as arbitrator.
January 22, 2012 Following appointment by the Respondent, Toby Landau (British) accepts his appointment as arbitrator.
April 23, 2012 Following appointment by the parties, John Beechey (British), President, appointed by agreement of the parties accepts his appointment as presiding arbitrator.
April 26, 2012 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: John Beechey (British), President, appointed by agreement of the parties; Judd L. Kessler (U.S.), appointed by Claimants; and Toby Landau (British), appointed by Respondent.
June 27, 2012 The Tribunal holds a first session by telephone conference.
The Tribunal issues Procedural Order No. 2 concerning the conduct of the proceedings and the procedural calendar.
August 14, 2012 The Tribunal issues Procedural Order No. 1 concerning procedural matter and the procedural calendar.
August 24, 2012 The Claimants file a memorial on the merits.
September 28, 2012 The Respondent files a request to address the objections to jurisdiction as a preliminary question.
October 19, 2012 The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
November 2, 2012 The Respondent files further observations on its request to address the objections to jurisdiction as a preliminary question.
November 12, 2012 The Claimants file further observations on the request to address the objections to jurisdiction as a preliminary question.
November 14, 2012 The Respondent files further observations on its request to address the objections to jurisdiction as a preliminary question.
November 21, 2012 The Claimants file further observations on the request to address the objections to jurisdiction as a preliminary question.
December 5, 2012 The Tribunal issues Procedural Order No. 3 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question.
January 25, 2013 The Respondent files a request for the Tribunal to decide on production of documents.
February 22, 2013 The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
February 27, 2013 The Respondent files a response to the Claimants' observations of February 22, 2013.
April 17, 2013 Following several rounds of written submissions exchanged between the parties, the Tribunal issues Procedural Order No. 4 concerning production of documents.
May 10, 2013 The Respondent files a counter-memorial on jurisdiction and the merits.
August 27, 2013 The Claimants file a reply on jurisdiction and the merits.
December 5, 2013 The Respondent files a rejoinder on jurisdiction and the merits.
January 9, 2014 The Tribunal issues Procedural Order No. 5 concerning procedural matters.
January 22, 2014 The Tribunal issues Procedural Order No. 6 concerning procedural matters.
January 30, 2014 The Tribunal issues Procedural Order No. 7 concerning procedural matters.
January 31, 2014 - February 7, 2014 The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
August 8, 2014 Each party files a post-hearing brief.
November 28, 2014 Each party files a submission on costs.
December 12, 2014 The Respondent files observations on the Claimants’ submission on costs.
December 21, 2015 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 29, 2016 The Tribunal renders its award.

(b) Rectification Proceeding

Date Development
March 16, 2016 The Secretary-General registers a request for rectification of the award filed by the Bolivarian Republic of Venezuela.
April 4, 2016 Tenaris S.A. and Talta - Trading E Marketing Sociedade Unipessoal LDA file observations on the Bolivarian Republic of Venezuela’s request of March 16, 2016.
April 15, 2016 The Bolivarian Republic of Venezuela files a response to Tenaris S.A. and Talta - Trading E Marketing Sociedade Unipessoal LDA’s observations of April 4, 2016.
April 22, 2016 Tenaris S.A. and Talta - Trading E Marketing Sociedade Unipessoal LDA file further observations on the Bolivarian Republic of Venezuela’s response of April 15, 2016.
June 24, 2016 The Tribunal issues its decision on the rectification of the award.

(c) Annulment Proceeding

Date Development
September 29, 2016 The Acting Secretary-General registers an application for annulment of the award filed by the Bolivarian Republic of Venezuela.
December 27, 2016 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Rigo Sureda (Spanish), President; Piero Bernardini (Italian); and Diego P. Fernández Arroyo (Argentine and Spanish); all members appointed by the Chairman of the Administrative Council.
January 27, 2017 Each party files an observation on the Bolivarian Republic of Venezuela’s request to continue the stay of enforcement of the award.
February 3, 2017 The ad hoc Committee holds a first session by telephone conference.
February 15, 2017 The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
February 16, 2017 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
February 17, 2017 Each party files a second observation on the Bolivarian Republic of Venezuela’s request to continue the stay of enforcement of the award.
February 28, 2017 Each party files a third observation on the Bolivarian Republic of Venezuela’s request to continue the stay of enforcement of the award.
March 24, 2017 The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
April 19, 2017 The Bolivarian Republic of Venezuela files a memorial on annulment.
July 3, 2017 Tenaris S.A. and Talta - Trading E Marketing Sociedade Unipessoal LDA file a counter-memorial on annulment.
August 17, 2017 The Bolivarian Republic of Venezuela files a reply on annulment.
October 2, 2017 Tenaris S.A. and Talta - Trading E Marketing Sociedade Unipessoal LDA file a rejoinder on annulment.
October 6, 2017 Following the resignation of ad hoc Committee member Piero Bernardini, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
November 10, 2017 The ad hoc Committee is reconstituted. Its members are Andrés Rigo Sureda (Spanish), President; Fernando Cantuarias Salaverry (Peruvian), and Diego P. Fernández Arroyo (Spanish/Argentine); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12.
March 22, 2018 - March 23, 2018

The ad hoc Committee holds a hearing on annulment in Washington, D.C.
May 2, 2018

The Bolivarian Republic of Venezuela files a statement of costs.
May 4, 2018

Tenaris S.A. and Talta - Trading E Marketing Sociedade Unipessoal LDA file a statement of costs.
June 4, 2018

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
August 8, 2018

The ad hoc Committee issues its decision on annulment.