Case Details

Enel Green Power S.p.A. v. Republic of El Salvador (ICSID Case No. ARB/13/18)

Subject of Dispute:

Geothermal energy project
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Investment Law - El Salvador (1999)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Enel Green Power S.p.A. (Italian)
Respondent(s):

Republic of El Salvador (Salvadoran)
Date Registered:

August 21, 2013
Date of Constitution of Tribunal:

May 30, 2014

Composition of Tribunal

President:

Alejandro ESCOBAR (Chilean, U.S.) - Appointed by the Parties
Arbitrators:

Oscar M. GARIBALDI (Argentine, U.S.) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Arias & Muñoz, San Salvador, El Salvador
Clifford Chance, Washington, D.C., U.S.A.
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 14, 2015 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).

No References Available.

(a) Original Proceeding

Date	Development
August 21, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
February 20, 2014	Following appointment by the Claimant, Oscar Garibaldi (Argentine/U.S.) accepts his appointment as arbitrator.
April 15, 2014	The Claimant files a request for provisional measures.
April 18, 2014	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
April 23, 2014	Following appointment by the Respondent, Raúl E.Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator.
May 14, 2014	The Respondent files observations on the Claimant's request for provisional measures.
May 28, 2014	Following appointment by the parties, Alejandro Escobar (Chilean/U.S.) accepts his appointment as presiding arbitrator.
May 30, 2014	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Alejandro Escobar (Chilean/U.S.), President, appointed by agreement of the parties; Oscar Garibaldi (Argentine/U.S.), appointed by the Claimant; and Raúl E. Vinuesa (Argentine/Spanish), appointed by the Respondent.
June 12, 2014	The Claimant files a response to the Respondent’s observations of May 14, 2014.
July 11, 2014	The Respondent files further observations on the Claimant's response of June 12, 2014.
July 17, 2014	The Tribunal holds a first session in Washington, D.C.
July 18, 2014	The Tribunal holds a hearing on provisional measures in Washington, D.C.
August 1, 2014	Each party files answers to questions posed by the Tribunal during the hearing on provisional measures.
August 15, 2014	Each party files further answers to questions posed by the Tribunal during the hearing on provisional measures.
November 19, 2014	The proceeding is suspended until December 19, 2014, pursuant to the parties’ agreement.
December 8, 2014	The Tribunal issues Procedural Order No. 2 concerning the parties’ agreed suspension of the proceeding. The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
September 14, 2015	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).