Case Details

Transglobal Green Energy, LLC and Transglobal Green Energy de Panama, S.A. v. Republic of Panama (ICSID Case No. ARB/13/28)

Subject of Dispute:

Electricity, gas, steam and air production
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT United States of America - Panama 1982
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Transglobal Green Energy, LLC (U.S.), Transglobal Green Energy de Panama, S.A. (Panamanian)
Respondent(s):

Republic of Panama (Panamanian)
Date Registered:

October 10, 2013
Date of Constitution of Tribunal:

February 19, 2014

Composition of Tribunal

President:

Andrés RIGO SUREDA (Spanish) - Appointed by Co-Arbitrators
Arbitrators:

Christoph H. SCHREUER (Austrian) - Appointed by the Claimant(s)
Jan PAULSSON (French, Swedish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Managing Partner, TransGlobal Green Energy,LLC, Houston, TX, U.S.A.
Respondent(s):

Arnold & Porter, Washington, D.C., U.S.A.
Procuraduría General de la Nación, Ciudad de Panamá, República de Panamá
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 2, 2016 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Respondent’s Request for Shifting the Costs of the Arbitration

Procedural Order No. 1

Decision on the Admissibility of Respondent’s Preliminary Objection to the Jurisdiction of the Tribunal under Rule 41(5) of the Arbitration Rules

Procedural Order No. 2

Decision on the Respondent’s Request for Provisional Measures Relating to Security for Costs

Procedural Order No. 3

Award of the Tribunal

Available on the ICSID Website

Decision on Respondent’s Request for Shifting the Costs of the Arbitration (March 4, 2015) English (Original)

Procedural Order No. 1 (March 17, 2015) English (Original)

Decision on the Admissibility of Respondent’s Preliminary Objection to the Jurisdiction of the Tribunal under Rule 41(5) of the Arbitration Rules (March 17, 2015) English (Original)

Procedural Order No. 2 (January 21, 2016) English (Original)

Decision on the Respondent’s Request for Provisional Measures Relating to Security for Costs (January 21, 2016) English (Original)

Procedural Order No. 3 (March 25, 2016) English (Original)

Award of the Tribunal (June 2, 2016) English (Original)

(a) Original Proceeding

Date	Development
October 10, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
December 16, 2013	Following appointment by the Claimants, Christoph Schreuer (Austrian) accepts his appointment as arbitrator.
January 30, 2014	Following appointment by the Respondent, Jan Paulsson (French/Swedish) accepts his appointment as arbitrator.
February 14, 2014	Following appointment by the co-arbitrators, Andrés Rigo Sureda (Spanish) accepts his appointment as presiding arbitrator.
February 19, 2014	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Andrés Rigo Sureda (Spanish), President, appointed by his co-arbitrators; Christoph Schreuer (Austrian), appointed by the Claimants; and Jan Paulsson (French/Swedish), appointed by the Respondent.
May 5, 2014	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
May 6, 2014	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
November 6, 2014	The proceeding is resumed.
December 11, 2014	The Respondent files a request for the Tribunal to decide on costs.
December 18, 2014	The Claimants file observations on the Respondent’s request of December 11, 2014.
February 18, 2015	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
February 19, 2015	The Tribunal holds a first session in Washington, D.C.
February 24, 2015	The Claimants file observations on the admissibility of the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
February 27, 2015	The Respondent files a response to the Claimants’ observations of February 24, 2015.
March 4, 2015	The Tribunal issues a decision on the Respondent’s request concerning costs. The Claimants file further observations on the Respondent’s response of February 27, 2015.
March 9, 2015	The Respondent files a response to the Claimants’ further observations of March 4, 2015.
March 17, 2015	The Tribunal issues a decision on the admissibility of the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 14, 2015	The Claimants file a memorial on the merits.
December 18, 2015	The Respondent files a memorial on jurisdiction, a request to address the objections to jurisdiction as a preliminary question, and a request for provisional measures.
January 13, 2016	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question and on the Respondent’s request for provisional measures.
January 21, 2016	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. The Tribunal issues a decision on provisional measures.
March 25, 2016	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
May 2, 2016	The Claimants file a statement of costs.
May 3, 2016	The Respondent files a submission on costs.
May 12, 2016	The Claimants file observations on the Respondent’s submission on costs.
May 13, 2016	The Respondent files observations on the Claimants’ submission on costs.
June 2, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). The Tribunal renders its award.