Case Details

Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/14/32)

Subject of Dispute:

Gaming industry
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Argentina - Austria 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Casinos Austria Aktiengesellschaft (Austrian), Casinos Austria International GmbH (Austrian)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

December 18, 2014
Date of Constitution of Tribunal:

April 6, 2015

Composition of Tribunal

President:

Hans VAN HOUTTE (Belgian) - Appointed by the Parties
Arbitrators:

Stephan SCHILL (German) - Appointed by the Claimant(s)
Santiago TORRES BERNÁRDEZ (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Knoetzl Haugeneder Netal GmbH, Vienna, Austria
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 5, 2021 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Santiago Torres Bernárdez.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

March 9, 2022 (Respondent(s))
Date of Constitution of ad hoc Committee:

May 17, 2022

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Toby LANDAU (British)
Members:

Andrea K. BJORKLUND (U.S.)
Felipe BULNES SERRANO (Chilean)

Party Representatives

Claimant(s):

Knoetzl Haugeneder Netal GmbH, Vienna, Austria
Respondent(s):

Procurador del Tesoro de la Nación, Buenos Aires, Argentina
Status of Proceeding:

Pending
Latest Development:

October 25, 2023 - The Argentine Republic files observations on Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft’s submission on costs.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Dissenting Opinion

Award of the Tribunal

Dissenting Opinion

Available on the ICSID Website

Decision on Jurisdiction (June 29, 2018) English (Original); Spanish (Original)

Dissenting Opinion (June 29, 2018) English (Original); Spanish (Original)

Award of the Tribunal (November 5, 2021) English (Original); Spanish (Original)

Dissenting Opinion (November 5, 2021) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
December 18, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
January 26, 2015	Following appointment by the Claimants, Stephan Schill (German) accepts his appointment as arbitrator.
February 23, 2015	Following appointment by the Respondent, Santiago Torres Bernárdez (Spanish) accepts his appointment as arbitrator.
April 3, 2015	Following appointment by the parties, Hans van Houtte (Belgian) accepts his appointment as presiding arbitrator.
April 6, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Hans van Houtte (Belgian), President, appointed by agreement of the parties; Stephan Schill (German), appointed by the Claimants; and Santiago Torres Bernárdez (Spanish), appointed by the Respondent.
June 5, 2015	The Tribunal holds a first session by telephone conference.
June 23, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 2, 2015	The Claimants file a memorial on the merits.
February 11, 2016	The Tribunal issues Procedural Order No. 2 concerning production of documents.
March 15, 2016	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
April 8, 2016	The Claimants files observations on the request to address the objections to jurisdiction as a preliminary question.
April 25, 2016	The Tribunal issues Procedural Order No. 3 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.
July 26, 2016	The Claimants file a counter-memorial on jurisdiction.
October 11, 2016	The Respondent files a reply on jurisdiction.
December 23, 2016	The Claimants file a rejoinder on jurisdiction.
February 23, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
March 13, 2017	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
March 23, 2017 - March 25, 2017	The Tribunal holds a hearing on jurisdiction in Paris.
June 23, 2017	Each party files a post-hearing brief.
June 29, 2018	The Tribunal issues a decision on jurisdiction; attached to the decision is a dissenting opinion by arbitrator Santiago Torres Bernárdez.
December 3, 2018	The Claimants file a reply on the merits.
May 27, 2019	The Respondent files a rejoinder on the merits.
August 12, 2019	Each party files a request for the Tribunal to decide on the admissibility of new evidence.
August 13, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
August 16, 2019	Each party files observations on the other party’s request for the Tribunal to decide on the admissibility of new evidence.
August 23, 2019	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
August 27, 2019	The Tribunal decides on the admissibility of new evidence.
September 2, 2019 - September 13, 2019	The Tribunal holds a hearing on the merits in Paris.
December 27, 2019	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
January 10, 2020	The Respondent files observations on the Claimants’ request for the Tribunal to decide on the admissibility of new evidence.
January 20, 2020	The Claimants file observations on the Respondent’s observations.
January 24, 2020	Each party files a post-hearing brief.
January 29, 2020	The Respondent files observations on the Claimants’ observations.
February 4, 2020	The Claimants file observations on the Respondent’s observations.
March 17, 2020	The Tribunal decides on the admissibility of new evidence.
July 30, 2020	The Tribunal decides on the admissibility of new evidence.
July 30, 2021	Each party files a statement of costs.
August 17, 2021	The Respondent files observations on the Claimants’ statement of costs.
August 24, 2021	The Claimants file a response to the Respondent’s observations of August 17, 2021.
October 5, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 5, 2021	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Santiago Torres Bernárdez.

(b) Annulment Proceeding

Date	Development
March 9, 2022	The Secretary-General registered an application for annulment of the award filed by the Argentine Republic and notifies the parties of the provisional stay of enforcement of the award.
May 17, 2022	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Toby Landau (British), President; Andrea Bjorklund (U.S.); and Felipe Bulnes (Chilean); all members appointed by the Chairman of the Administrative Council.
June 14, 2022	The Argentine Republic files a request to continue the stay of enforcement of the award.
July 4, 2022	Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft file observations on the Argentine Republic’s request to continue the stay of enforcement of the award.
August 3, 2022	The ad hoc Committee holds a first session and hearing on stay of enforcement of the award by video conference.
August 9, 2022	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
December 1, 2022	The Argentine Republic files a memorial on annulment.
January 13, 2023	The ad hoc Committee issues a decision concerning the stay of enforcement of the award.
January 13, 2023	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
March 31, 2023	Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft file a counter-memorial on annulment.
May 2, 2023	The Argentine Republic files a reply on annulment.
June 1, 2023	Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft file a rejoinder on Annulment.
July 14, 2023	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
July 25, 2023	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
September 11, 2023 - September 13, 2023	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
September 21, 2023	The ad hoc Committee issues Procedural Order No. 3 concerning post-hearing matters.
October 11, 2023	Each party files a submission on costs
October 25, 2023	Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft file observations on the Argentine Republic’s submission on costs.
October 25, 2023	The Argentine Republic files observations on Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft’s submission on costs.