Case Details

Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/21)

Proceeding Materials Procedural Details

  • Glass production enterprise
  • Other Industry
  • BIT Netherlands - Venezuela, Republica Bolivariana de 1991
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Fábrica de Vidrios Los Andes, C.A. (Venezuelan), Owens-Illinois de Venezuela, C.A. (Venezuelan)
    • Bolivarian Republic of Venezuela (Venezuelan)
    • August 10, 2012
    • February 14, 2013

      Composition of Tribunal

    • Hi-Taek SHIN (Korean) - Appointed by the Chairman of the Administrative Council
    • L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
      Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)

      Party Representatives

    • Escritorio Muci-Abraham & Asociados, Caracas, Venezuela
      Volterra Fietta, London, U.K.
    • Guglielmino & Asociados, Buenos Aires, Argentina
      Procuraduría General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • November 13, 2017 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Claimant(s)
    • March 16, 2018 (Claimant(s))
    • April 23, 2018

      Party Representatives

    • Volterra Fietta, London, U.K.
    • Guglielmino & Asociados, Buenos Aires, Argentina
      Procuraduría General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • November 22, 2019 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on the Proposal to Disqualify a Majority of the Tribunal

Reasoned Decision on the Proposal for Disqualification of Arbitrator L. Yves Fortier, Q.C.

Decision on the Third Proposal to Disqualify Arbitrator L. Yves Fortier, Q.C.

Decision on the Proposal to Disqualify L. Yves Fortier, Q.C., Arbitrator

Award of the Tribunal

Available on the ICSID Website

Decision on the Proposal to Disqualify a Majority of the Tribunal (June 16, 2015) English (Original); Spanish (Original)

Reasoned Decision on the Proposal for Disqualification of Arbitrator L. Yves Fortier, Q.C. (March 28, 2016) English (Original); Spanish (Original)

Decision on the Third Proposal to Disqualify Arbitrator L. Yves Fortier, Q.C. (September 12, 2016) English (Original); Spanish (Original)

Decision on the Proposal to Disqualify L. Yves Fortier, Q.C., Arbitrator (May 5, 2017) English (Original); Spanish (Original)

Award of the Tribunal (November 13, 2017) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
August 10, 2012 The Secretary-General registers a request for the institution of arbitration proceedings.
November 5, 2012 Following appointment by the Claimants, L. Yves Fortier (Canadian) accepts his appointment as arbitrator.
November 30, 2012 Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator.
December 3, 2012 The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
February 14, 2013 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Hi-Taek Shin (Korean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; L. Yves Fortier (Canadian) appointed by the Claimants; and Alexis Mourre (French), appointed by the Respondent.
February 14, 2013 Following appointment by the Chairman of the Administrative Council, Hi-Taek Shin (Korean) accepts his appointment as presiding arbitrator.
April 11, 2013 The Tribunal holds a first session in Paris.
May 15, 2013 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 15, 2013 The Claimants file a memorial on the merits.
August 16, 2013 The Respondent files a request to address the objections to jurisdiction as a preliminary question.
August 30, 2013 The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
September 23, 2013 The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
December 20, 2013 The Respondent files a counter-memorial on the merits.
February 18, 2014 The Claimants file a request for the Tribunal to decide on production of documents.
March 7, 2014 The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents.
March 8, 2014 The Claimants file a response to the Respondent’s observations of March 7, 2014.
March 12, 2014 The Tribunal issues Procedural Order No. 3 concerning production of documents.
March 21, 2014 The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
June 20, 2014 The Respondent files a rejoinder on the merits and a reply on jurisdiction.
August 15, 2014 The Tribunal issues Procedural Order No. 4 concerning procedural matters.
August 21, 2014 The Claimants file a rejoinder on jurisdiction.
December 12, 2014 Following exchanges between the parties, the Tribunal issues Procedural Order No. 5 concerning admissibility of new evidence.
February 3, 2015 The Tribunal issues Procedural Order No. 6 concerning procedural matters.
February 9, 2015 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
February 13, 2015 The Tribunal issues Procedural Order No. 7 concerning procedural matters.
March 13, 2015 The Respondent files a proposal for disqualification of arbitrators Alexis Mourre and L. Yves Fortier. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
March 16, 2015 Arbitrator Alexis Mourre submits his resignation.
March 24, 2015 The Claimants file observations on the proposal for disqualification.
March 30, 2015 Arbitrator L. Yves Fortier furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
April 14, 2015 Each party files further observations on the proposal for disqualification.
June 16, 2015 The proposal for disqualification of arbitrator Yves Fortier is declined by the Chairman of the Administrative Council.
June 17, 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.
August 5, 2015

Following the resignation of arbitrator Alexis Mourre, Zachary Douglas (Australian) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).
August 5, 2015

The Tribunal is reconstituted. Its members are: Hi-Taek Shin (Korean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Yves Fortier (Canadian), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
March 4, 2016 The Respondent files a proposal for disqualification of arbitrator L. Yves Fortier. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
March 9, 2016 The Claimants file observations on the proposal for disqualification.
March 11, 2016 Arbitrator L. Yves Fortier furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
March 15, 2016 Each party files observations on the proposal for disqualification.
March 21, 2016 The proposal for disqualification of arbitrator L. Yves Fortier is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
April 4, 2016 - April 8, 2016 The Tribunal holds a hearing on jurisdiction and the merits in Paris.
June 4, 2016 Each party files a post-hearing brief.
July 8, 2016 Each party files a submission on costs.
July 25, 2016 The Respondent files a proposal for disqualification of arbitrator L. Yves Fortier. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
August 5, 2016 The Claimants file observations on the proposal for disqualification.
August 8, 2016 The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
August 12, 2016 Each party files additional observations on the proposal for disqualification.
September 12, 2016 The proposal for disqualification of arbitrator L. Yves Fortier is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
September 28, 2016 Each party files a statement of costs incurred in connection with the third disqualification proposal.

The Claimants’ file observations on the Respondent’s statement of costs.
November 2, 2016 Each party files observations on the other party’s statement of costs incurred in connection with the third disqualification proposal.
December 23, 2016 The Respondent files a proposal for disqualification of arbitrator L. Yves Fortier. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
January 16, 2017 The Claimants file observations on the proposal for disqualification.
January 19, 2017 The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
February 10, 2017 The parties file further observations on the proposal for disqualification.
May 5, 2017 The proposal for disqualification of arbitrator L. Yves Fortier is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
May 15, 2017 Each party files a statement of costs incurred in connection with the fourth disqualification proposal.
May 17, 2017 Each party files observations on the other party’s statement of costs incurred in connection with the fourth disqualification proposal.
August 1, 2017 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 4, 2017 The Respondent files a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2).
August 14, 2017 The Claimants file observations on the request to reopen the proceeding.
August 22, 2017 The Tribunal issues a decision concerning the Respondent’s request to reopen the proceeding.
November 13, 2017 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
March 16, 2018

The Acting Secretary-General registers an application for annulment of the award filed by Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A..
April 23, 2018

The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention.  Its members are: Andres Rigo Sureda (Spanish), President; Diego Fernandez Arroyo (Argentine/Spanish); and Inka Hanefeld (German); all members appointed by the Chairman of the Administrative Council.
June 12, 2018

The ad hoc Committee holds a first session by telephone conference.
June 28, 2018

The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
September 20, 2018

Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. file a memorial on annulment.
December 19, 2018

The Bolivarian Republic of Venezuela files a counter-memorial on annulment.
February 18, 2019

Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. file a reply on annulment.

May 18, 2019

The Bolivarian Republic of Venezuela files a rejoinder on annulment.
June 5, 2019

The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
June 18, 2019

Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. file a request for the ad hoc Committee to decide on the admissibility of new evidence.
June 24, 2019

The Bolivarian Republic of Venezuela files observations on Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A.’s request of June 18, 2019.
June 26, 2019

The ad hoc Committee decides on the admissibility of new evidence.
July 10, 2019 - July 11, 2019

The ad hoc Committee holds a hearing on annulment in Paris.
August 11, 2019

Each party files a statement of costs.
September 25, 2019

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 53 and 38(1).
November 22, 2019

The ad hoc Committee issues its decision on annulment.