Case Details
Saint-Gobain Performance Plastics Europe v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/13)
-
Proppant production
-
Other Industry
-
BIT Venezuela, Republica Bolivariana de - France 2001
-
ICSID Convention - Arbitration Rules
-
Saint-Gobain Performance Plastics Europe (French)
-
Bolivarian Republic of Venezuela (Venezuelan)
-
June 15, 2012
-
November 26, 2012
-
Klaus SACHS (German) - Appointed by the Parties
-
Gabriel BOTTINI (Argentine) - Appointed by the Respondent(s)
Charles N. BROWER (U.S.) - Appointed by the Claimant(s) -
Alston & Bird, New York, NY, U.S.A.
-
Curtis, Mallet-Prevost, Colt & Mosle, New York, NY, U.S.A. and Mexico City, Mexico
Procuraduría General de la República, Caracas, Venezuela -
English,Spanish
-
Concluded
-
November 3, 2017 - The Tribunal renders its award.
-
Respondent(s)
-
March 12, 2018 (Respondent(s))
-
June 7, 2018
-
Ricardo RAMÍREZ HERNÁNDEZ (Mexican)
-
-
Alston & Bird, New York, NY, U.S.A.
-
Procuraduría General de la República, Caracas, Venezuela
De Jesús & De Jesús, Caracas, Venezuela -
English,Spanish
-
Concluded
-
August 15, 2019 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
(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
Decision on Claimant's Proposal to Disqualify an Arbitrator
Available on the ICSID Website
Decision on Claimant's Proposal to Disqualify an Arbitrator (February 27, 2013) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
---|---|
June 15, 2012 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 29, 2012 | The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention. |
October 4, 2012 | Following appointment by the Claimant, Charles N. Brower (U.S.) accepts his appointment as arbitrator. |
October 25, 2012 | Following appointment by the Respondent, Gabriel Bottini (Argentine) accepts his appointment as arbitrator. |
October 29, 2012 | The Claimant files a proposal for disqualification of arbitrator Gabriel Bottini. |
November 26, 2012 | Following appointment by the parties, Klaus M. Sachs (German) accepts his appointment as presiding arbitrator. |
November 26, 2012 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Klaus M. Sachs (German), President, appointed by agreement of the parties; Charles N. Brower (U.S.), appointed by the Claimant; and Gabriel Bottini (Argentine), appointed by the Respondent. |
November 27, 2012 | The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
December 7, 2012 | The Respondent files observations on the proposal for disqualification. |
December 14, 2012 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
December 21, 2012 | Each party files observations on the proposal for disqualification. |
February 27, 2013 | The proposal for disqualification of arbitrator Gabriel Bottini is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
June 6, 2013 | The Tribunal holds a first session in Paris. |
June 18, 2013 | The Tribunal issues Procedural Order No. 1. |
October 29, 2013 | The Claimant files a memorial on the merits. |
March 21, 2014 | The Respondent files a counter-memorial on the merits. |
May 15, 2014 | The Claimant files a request for provisional measures. |
May 28, 2014 | The Respondent files observations on the Claimant's request for provisional measures. |
June 10, 2014 | The Claimant files a response to the Respondent's observations of May 28, 2014. |
June 10, 2014 | The Tribunal issues Procedural Order No. 2 concerning production of documents and confidentiality. |
June 17, 2014 | The Respondent files additional observations on the Claimant's request for provisional measures. |
June 18, 2014 | The Claimant files a reply on the merits. |
September 9, 2014 | The Tribunal issues Procedural Order No. 3 concerning provisional measures. |
September 18, 2014 | The Respondent files a rejoinder on the merits. |
December 10, 2014 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
February 2, 2015 - February 6, 2015 | The Tribunal holds a hearing on the merits in Washington, D.C. |
April 2, 2015 | Each party files a post-hearing brief. |
May 22, 2015 | Each party files a reply post-hearing brief. |
June 30, 2015 | Each party files a submission on costs. |
August 13, 2015 | The Tribunal poses questions to the parties. |
October 22, 2015 | Each party answers to the questions posed by the Tribunal. |
November 6, 2015 | Each party files observations on the other party’s answers to the questions posed by the Tribunal of October 22, 2015. |
November 23, 2015 | Each party files an amended submission on costs. |
December 30, 2016 | The Tribunal issues its decision on liability and the principles of quantum; attached to the decision is a dissenting and concurring opinion by arbitrator Charles Brower. |
January 11, 2017 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
May 15, 2017 | The Claimant files a request for reconsideration of the Tribunal's decision of December 30, 2016. |
June 5, 2017 | The Respondent files observations on the Claimant’s request for reconsideration of May 15, 2017. |
June 28, 2017 | The Tribunal issues a decision on the Claimant’s request for reconsideration of the Tribunal's decision of December 30, 2016. |
July 28, 2017 | Each party files an amended submission on costs. |
September 20, 2017 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 3, 2017 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
---|---|
March 12, 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. |
June 7, 2018 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Ricardo Ramírez Hernández (Mexican), President; Lawrence Boo (Singaporean); and Olufunke Adekoya (British/ Nigerian); all members appointed by the Chairman of the Administrative Council. |
June 14, 2018 | Saint-Gobain Performance Plastics Europe files observations on the Bolivarian Republic of Venezuela’s request to continue the stay of enforcement of the award. |
July 25, 2018 | The Bolivarian Republic of Venezuela files a memorial in support of a continued stay of enforcement of the award. |
August 13, 2018 | Saint-Gobain Performance Plastics Europe files a counter-memorial on the continued stay of enforcement of the award. |
August 21, 2018 | The ad hoc Committee holds a first session by telephone conference. |
September 5, 2018 | The Bolivarian Republic of Venezuela files a reply in support of a continued stay of enforcement of the award. |
September 14, 2018 | Saint-Gobain Performance Plastics Europe files a rejoinder on the continued stay of enforcement of the award. |
September 28, 2018 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
October 23, 2018 | The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
October 24, 2018 | The ad hoc Committee issues Procedural Order No. 2 concerning the stay of enforcement of the award. |
October 24, 2018 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
April 25, 2019 | The Acting Secretary-General moves 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). |
August 15, 2019 | The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |