Case Details

Longreef Investments A.V.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/5)

Subject of Dispute:

Coffee production facilities
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT Netherlands - Venezuela, Republica Bolivariana de 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Longreef Investments A.V.V. (Dutch)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

February 23, 2011
Date of Constitution of Tribunal:

September 9, 2011

Composition of Tribunal

President:

David A.O. EDWARD (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Enrique GÓMEZ-PINZÓN (Colombian) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

David A.O. EDWARD (British)
Arbitrators:

Enrique GÓMEZ-PINZÓN (Colombian)
Alexis MOURRE (French)
Reconstituted:

May 6, 2015: Loretta MALINTOPPI (Italian) appointed following the resignation of Alexis MOURRE (French)

Party Representatives

Claimant(s):

Baker & McKenzie, New York, NY, U.S.A.
Respondent(s):

Procuraduría General de la República, Caracas, Venezuela
GST, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 6, 2017 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

March 13, 2018 (Respondent(s))
Date of Constitution of ad hoc Committee:

May 24, 2018

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

David A. PAWLAK (Irish, U.S.)
Members:

Milton Estuardo ARGUETA PINTO (Guatemalan)
Felipe BULNES SERRANO (Chilean)

Party Representatives

Claimant(s):

Baker & McKenzie, New York, NY, U.S.A. and Caracas, Venezuela
Respondent(s):

Procuraduría General de la República, Caracas, Venezuela
Alfredo De Jesús O. – Transnational Arbitration, Litigation & Business Law, Paris, France
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 27, 2022 - The ad hoc Committee issues its decision on annulment.

No References Available.

(a) Original Proceeding

Date	Development
February 23, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
September 9, 2011	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: David A.O. Edward (British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Enrique Gómez Pinzón (Colombian), appointed by the Claimant; and Alexis Mourre (French), appointed by the Respondent.
November 7, 2011	The Respondent files a proposal for disqualification of arbitrator Enrique Gómez-Pinzón.
November 9, 2011	The Tribunal holds a first session by telephone conference. The Respondent reiterates its proposal for disqualification. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
November 15, 2011	The Claimant files observations on the proposal for disqualification.
November 23, 2011	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
January 24, 2012	The proposal for disqualification of arbitrator Enrique Gómez Pinzón is declined. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
June 29, 2012	The Respondent files a memorial on jurisdiction.
July 9, 2012	The Tribunal decides on bifurcation.
October 1, 2012	The Claimant files a counter-memorial on jurisdiction.
November 27, 2012	The Respondent files a reply on jurisdiction.
February 8, 2013	The Claimant files a rejoinder on jurisdiction.
June 18, 2013	The Tribunal holds a hearing on jurisdiction in Paris.
February 12, 2014	The Tribunal issues a decision on jurisdiction.
July 3, 2014	The Claimant files a memorial on the merits.
November 14, 2014	The Respondent files a counter-memorial on the merits.
February 4, 2015	The Claimant files a reply on the merits.
March 13, 2015	The Respondent files a request for the Tribunal to decide on production of documents.
March 17, 2015	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
March 18, 2015	Following the resignation of arbitrator Alexis Mourre, the Centre notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
March 18, 2015	The Tribunal consents to the resignation of arbitrator Alexis Mourre pursuant to ICSID Arbitration Rule 8(2) and the Centre notifies the parties thereof.
May 6, 2015	The Tribunal is reconstituted. Its members are: David A.O. Edward (British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Enrique Gómez Pinzón (Colombian), appointed by the Claimant; and Loretta Malintoppi (Italian), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
May 6, 2015	Following the resignation of arbitrator Alexis Mourre, Loretta Malintoppi (Italian) accepts her appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).
May 7, 2015	The Respondent files a response to the Claimant’s observations of March 17, 2015.
May 21, 2015	The Claimant files further observations on the Respondent’s request for the Tribunal to decide on production of documents.
June 19, 2015	The Respondent files a rejoinder on the merits.
July 21, 2015	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents. Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
July 31, 2015	The Tribunal issues a decision on production of documents.
November 3, 2015	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 22, 2015	The Claimant files observations on the Respondent’s request of November 3, 2015.
January 6, 2016	The Tribunal decides on the admissibility of new evidence.
January 18, 2016 - January 22, 2016	The Tribunal holds a hearing on the merits in Paris.
April 29, 2016	Each party files a post-hearing brief and a submission on costs.
November 6, 2017	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
March 13, 2018	The Acting 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.
May 24, 2018	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: David Pawlak (Irish/American), President; Milton Argueta (Guatemalan); and Felipe Bulnes (Chilean); all members appointed by the Chairman of the Administrative Council.
July 13, 2018	The ad hoc Committee holds a first session by telephone conference.
August 8, 2018	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 22, 2018	The Bolivarian Republic of Venezuela files a memorial on annulment.
November 23, 2018	The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
January 31, 2019	Longreef Investments A.V.V. files a counter-memorial on annulment.
March 6, 2019	The ad hoc Committee issues Procedural Order No. 3 on the suspension of the proceeding.
March 6, 2019	The proceeding is suspended until April 5, 2019, pursuant to the Committee’s Procedural Order No. 3.
April 4, 2019	The suspension of the proceeding is further extended until further notice.
June 25, 2019	Longreef Investments A.V.V. files a request for provisional measures.
July 16, 2019	The suspension of the proceeding is further extended until October 15, 2019.
October 3, 2019	The Acting Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
October 18, 2019	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
October 30, 2019	The proceeding is resumed following payment of the required advances.
May 21, 2020	Longreef Investments A.V.V. files a rejoinder on annulment.
June 29, 2020	The proceeding is suspended until August 14, 2020.
October 6, 2020	The ad hoc Committee issues Procedural Order No. 4 concerning the organization of the hearing.
October 21, 2020 - October 22, 2020	The ad hoc Committee holds a hearing on annulment by video conference.
January 11, 2021	Each party files a post-hearing brief.
February 1, 2021	Each party files a reply post-hearing brief.
February 10, 2021	Each party files a submission on costs.
March 11, 2022	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 6, 2022	The ad hoc Committee extends the period to draw up and sign the decision by 60 days in accordance with ICSID Arbitration Rules 46 and 53.
July 27, 2022	The ad hoc Committee issues its decision on annulment.