Case Details

Repsol, S.A. and Repsol Butano, S.A. v. Argentine Republic (ICSID Case No. ARB/12/38)

Subject of Dispute:

Oil production enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Spain - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Repsol Butano, S.A. (Spanish), Repsol, S.A. (Spanish)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

December 18, 2012
Date of Constitution of Tribunal:

July 11, 2013

Composition of Tribunal

President:

Claus VON WOBESER (Mexican) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Marval, O’Farrell & Mairal, Buenos Aires, Argentina
Uria Menéndez Abogados, Madrid, Spain
Respondent(s):

Procurador del Tesoro de la Nación, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 19, 2014 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(a) Original Proceeding

Published Decisions

Decision on the Proposal for Disqualification of Arbitrators Francisco Orrego Vicuña and Claus von Wobeser

Procedural Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Decision on the Proposal for Disqualification of Arbitrators Francisco Orrego Vicuña and Claus von Wobeser (December 13, 2013) Spanish (Original)

Procedural Order Taking Note of the Discontinuance of the Proceeding (May 19, 2014) Spanish (Original)

(a) Original Proceeding

Date	Development
December 18, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
March 6, 2013	Following appointment by the Claimants, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator.
March 20, 2013	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.
March 25, 2013	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
July 11, 2013	Following appointment by the Chairman of the Administrative Council, Claus von Wobeser (Mexican) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Claus von Wobeser (Mexican), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Francisco Orrego Vicuña (Chilean), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
July 18, 2013	The Respondent files a proposal for disqualification of arbitrators Francisco Orrego Vicuña and Claus von Wobeser. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
July 24, 2013	The Claimants file a request for provisional measures.
July 29, 2013	The Respondent files observations on the proposed disqualification.
August 9, 2013	The Claimants file observations on the proposed disqualification.
August 16, 2013	The arbitrators furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
August 26, 2013	The parties file additional observations on the proposed disqualification.
December 13, 2013	The proposal for disqualification of arbitrators Francisco Orrego Vicuña and Claus von Wobeser is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
March 20, 2014	The proceeding is suspended, pursuant to the parties' agreement.
May 19, 2014	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.