Case Details

Cervin Investissements S.A. and Rhone Investissements S.A. v. Republic of Costa Rica (ICSID Case No. ARB/13/2)

Subject of Dispute:

Gas distribution enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Switzerland - Costa Rica 2000
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Cervin Investissements S.A. (Swiss), Rhone Investissements S.A. (Swiss)
Respondent(s):

Republic of Costa Rica (Costa Rican)
Date Registered:

March 11, 2013
Date of Constitution of Tribunal:

August 14, 2013

Composition of Tribunal

President:

Alexis MOURRE (French) - Appointed by the Parties
Arbitrators:

Ricardo RAMÍREZ HERNÁNDEZ (Mexican) - Appointed by the Claimant(s)
Andrés JANA LINETZKY (Chilean) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Gullermo Ramirez, Mexico City, Mexico
Luis Grife Alonso, Mexico City, Mexico
Respondent(s):

Baker Botts, London, U.K.
Ministry of Foreign Trade, San Jose, Costa Rica
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 7, 2017 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Ricardo Ramírez Hernández.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Dissenting Opinion of Ricardo Ramírez Hernández

Available on the ICSID Website

Decision on Jurisdiction (December 15, 2014) Spanish (Original)

Dissenting Opinion of Ricardo Ramírez Hernández (December 1, 2014) Spanish (Original)

(a) Original Proceeding

Date	Development
March 11, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
May 28, 2013	Following appointment by the Claimant, Ricardo Ramírez (Mexican) accepts his appointment as arbitrator.
June 11, 2013	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
July 8, 2013	Following appointment by the Respondent, Andrés Jana (Chilean) accepts his appointment as arbitrator.
August 14, 2013	Following appointment by the parties, Alexis Mourre (French) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by agreement of the parties; Ricardo Ramírez (Mexican), appointed by the Claimants; and Andrés Jana (Chilean), appointed by the Respondent.
September 11, 2013	The Tribunal holds a first session by telephone conference.
September 19, 2013	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 29, 2013	The Respondent files a memorial on jurisdiction.
March 7, 2014	The Claimants file a counter-memorial on jurisdiction.
April 25, 2014	The Respondent files a reply on jurisdiction.
June 6, 2014	The Claimants file a rejoinder on jurisdiction.
June 13, 2014	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 18, 2014	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
July 1, 2014	The Tribunal holds a hearing on jurisdiction in Washington, DC.
July 24, 2014	The Respondent files a statement of costs.
July 24, 2014	The Claimants file a statement of costs.
December 15, 2014	The Tribunal issues a decision on jurisdiction; attached to the decision is a partial dissenting opinion by arbitrator Ricardo Ramírez Hernández.
February 9, 2015	The Tribunal issues Procedural Order No. 3 concerning procedural matters. Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
February 13, 2015	The Tribunal issues a decision on production of documents.
June 2, 2015	The Claimants file a memorial on the merits.
June 11, 2015	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
July 13, 2015	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
July 24, 2015	The Claimants file a memorial on damages.
December 9, 2015	The Respondent files a counter-memorial on the merits and damages.
January 15, 2016	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
January 20, 2016	The Tribunal issues Procedural Order No. 6 concerning production of documents.
February 29, 2016	The Claimants file a reply on the merits.
June 13, 2016	The Respondent files a rejoinder on the merits.
June 17, 2016	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 29, 2016	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing on the merits.
July 11, 2016 - July 15, 2016	The Tribunal holds a hearing on the merits in Washington, D.C.
September 20, 2016	Each party files a post-hearing brief.
October 20, 2016	Each party files a statement of costs.
February 3, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 7, 2017	The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Ricardo Ramírez Hernández.