Case Details

Supervision y Control S.A. v. Republic of Costa Rica (ICSID Case No. ARB/12/4)

Proceeding Materials Procedural Details

  • Concession agreement to build and operate motor vehicle inspection facilities
  • Transportation
  • BIT Costa Rica - Spain 1997
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Supervision y Control S.A. (Spanish)
    • Republic of Costa Rica (Costa Rican)
    • February 9, 2012
    • June 21, 2012

      Composition of Tribunal

    • Claus VON WOBESER (Mexican) - Appointed by the Chairman of the Administrative Council
    • Joseph P. KLOCK JR (U.S.) - Appointed by the Claimant(s)
      Eduardo SILVA ROMERO (Colombian, French) - Appointed by the Respondent(s)

      Party Representatives

    • Fowler, Rodriguez, Valdes Fauli, Houston, TX, U.S.A.
    • Arnold & Porter, Washington, D.C., U.S.A and London, U.K.
      Ministry of Foreign Trade, San Jose, Costa Rica
    • English,Spanish
    • Concluded
    • January 18, 2017 - The Tribunal renders its award; arbitrator Joseph P. Klock Jr. dissents.

(a) Original Proceeding

Date Development
February 9, 2012 The Secretary-General registers a request for the institution of arbitration proceedings.
May 8, 2012 Following appointment by the Claimant, Joseph P. Klock, Jr. (U.S.) accepts his appointment as arbitrator.
May 10, 2012 The Claimant files a request for the Chairman of the Administrative Council to appoint the presiding arbitrator pursuant to Article 38 of the ICSID Convention.
May 11, 2012 Following appointment by the Respondent, Eduardo Silva Romero (Colombian/French) accepts his appointment as arbitrator.
June 21, 2012 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; Joseph P. Klock, Jr. (U.S.), appointed by the Claimant; and Eduardo Silva Romero (Colombian/French), appointed by the Respondent.
June 21, 2012 Following appointment by the Chairman of the Administrative Council, Claus von Wobeser (Mexican), accepts his appointment as presiding arbitrator.
July 17, 2012 The Tribunal holds a first session by telephone conference.
September 19, 2012 The Tribunal issues Procedural Order No. 1 concerning procedural matters and the procedural calendar.
November 7, 2012 The Claimant files a memorial on the merits.
November 26, 2012 The Claimant files a request for the Tribunal to decide on production of documents.
December 13, 2012 The Tribunal decides on production of documents.
February 18, 2013 The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 28, 2013 The Respondent files a counter-memorial on the merits, including objections to jurisdiction.
April 24, 2013 The Tribunal issues Procedural Order No. 3 concerning an amendment to the procedural calendar.
June 3, 2013 The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
September 6, 2013 The Respondent files a rejoinder on the merits and a reply on jurisdiction.
November 25, 2013 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
December 6, 2013 The Tribunal issues Procedural Order No. 4 concerning procedural matters.
January 13, 2014 - January 17, 2014 The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
March 28, 2014 Each party files a post-hearing brief.
July 20, 2015 The Claimant files a proposal for disqualification of arbitrators Claus von Wobeser, Joseph P. Klock Jr. and Eduardo Silva Romero. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
December 1, 2015 The Claimant files a submission on the proposal for disqualification.
December 8, 2015 The Respondent files a submission on the proposal for disqualification.
December 11, 2015 Arbitrator Claus von Wobeser furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
December 15, 2015 Arbitrators Joseph P. Klock Jr. and Eduardo Silva Romero furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
December 21, 2015 The Respondent files further observations on the proposal for disqualification.
December 23, 2015 The Claimant files further observations on the proposal for disqualification.
March 7, 2016 The proposal for disqualification of arbitrators Claus von Wobeser, Joseph P. Klock Jr. and Eduardo Silva Romero is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
July 22, 2016 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 18, 2017 The Tribunal renders its award; arbitrator Joseph P. Klock Jr. dissents.