Case Details

Álvarez y Marín Corporación S.A. and others v. Republic of Panama (ICSID Case No. ARB/15/14)

Subject of Dispute:

Tourism project
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Netherlands - Panama 2000 - FTA Central America - Panama 2002
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Álvarez y Marín Corporación S.A. (Costa Rican), Cornelis Willem van Noordenne (Dutch), Bartus van Noordenne (Dutch), Stichting Administratiekantoor Anbadi (Dutch), Estudios Tributarios AP S.A. (Costa Rican)
Respondent(s):

Republic of Panama (Panamanian)
Date Registered:

April 20, 2015
Date of Constitution of Tribunal:

September 29, 2015

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Henri C. ÁLVAREZ (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dechert, Paris, France and Brussels, Belgium
Respondent(s):

Hogan Lovells US, Miami, FL, U.S.A.
Ministerio de Economía y Finanzas, Panama, Republic of Panama
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 12, 2018 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Horacio Grigera Naón.

(a) Original Proceeding

Published Decisions

Reasoning of the Decision on Respondent’s Preliminary Objections pursuant to ICSID Arbitration Rule 41(5)

Available on the ICSID Website

Reasoning of the Decision on Respondent’s Preliminary Objections pursuant to ICSID Arbitration Rule 41(5) (April 4, 2016) Spanish (Original)

(a) Original Proceeding

Date	Development
April 20, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
August 9, 2015	Following appointment by the Claimant, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator.
August 11, 2015	Following appointment by the Respondent, Henri C. Álvarez (Canadian) accepts his appointment as arbitrator.
September 28, 2015	Following appointment by agreement of the parties, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
September 29, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by agreement of the parties; Horacio Grigera Naón (Argentine), appointed by the Claimant; and Henri C. Álvarez (Canadian), appointed by the Respondent.
October 29, 2015	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 18, 2015	The Tribunal holds a first session by telephone conference.
November 30, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters. The Claimants file a response to the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 18, 2015	The Respondent files a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
January 11, 2016	The Claimants file a rejoinder on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
January 27, 2016	The Tribunal decides on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
April 6, 2016	The Claimants file a memorial on the merits.
July 18, 2016	The Respondent files objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
August 8, 2016	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
August 19, 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 objections to jurisdiction are joined to the merits of the dispute.
October 28, 2016	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
November 21, 2016	The Respondent files a counter-memorial on the merits.
January 16, 2017	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
January 30, 2017	The Tribunal issues Procedural Order No. 4 concerning production of documents.
February 24, 2017	The Tribunal issues Procedural Order No. 5 concerning production of documents.
March 29, 2017	The Tribunal issues Procedural Order No. 6 concerning production of documents.
April 8, 2017	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
April 12, 2017	The Tribunal issues Procedural Order No. 7 concerning production of documents.
May 2, 2017	The Claimants file a request for provisional measures. The Respondent files a request for the Tribunal to decide on production of documents.
May 11, 2017	The Claimants file observations on the Respondent’s request on production of documents of May 2, 2017.
May 23, 2017	The Respondent files further observations on its request on production of documents of May 2, 2017.
May 25, 2017	The Respondent files observations on the Claimants’ request for provisional measures.
May 29, 2017	The Claimants file further observations on the Respondent’s request on production of documents of May 2, 2017.
June 6, 2017	The Respondent files a request for the Tribunal to decide on the inadmissibility of witness statements.
June 9, 2017	The Claimants file observations on the Respondent’s request of June 6, 2017. The Claimants file a request for the Tribunal to decide on the admissibility of new documents. The Respondent files observations on the Claimants’ request of June 9, 2017.
June 12, 2017	The Respondent files further observations on its request of June 6, 2017.
June 15, 2017	The Tribunal decides on the admissibility of new documents.
June 19, 2017	The Respondent files a request to address an objection to jurisdiction as a preliminary question.
June 20, 2017	The Tribunal issues Procedural Order No. 8 concerning production of documents.
June 22, 2017	The Tribunal issues Procedural Order No. 9 concerning Respondent’s request of 6 June 2017.
June 23, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of its submission of June 19, 2017.
June 28, 2017	The Claimants file further observations on the Respondent’s request on production of documents of May 2, 2017.
July 3, 2017	The Claimants file observations on Respondent’s request of June 23, 2017.
July 3, 2017	The Respondent files further observations on its request on production of documents of May 2, 2017.
July 7, 2017	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
July 12, 2017	The Tribunal issues Procedural Order No. 11 concerning provisional measures. The Tribunal issues Procedural Order No. 12 concerning procedural matters.
July 14, 2017	The Tribunal issues Procedural Order No. 13 concerning production of documents.
July 17, 2017	The Respondent files a rejoinder on the merits and reply on jurisdiction.
July 24, 2017	The Tribunal issues Procedural Order No. 14 concerning procedural matters.
July 28, 2017	The Claimants file a request for the Tribunal to decide on the inadmissibility of witness statements and expert reports.
August 3, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of new documents. The Claimants file observations on the Respondent’s request of August 3, 2017.
August 4, 2017	The Tribunal decides on the admissibility of new documents.
August 7, 2017	The Respondent files observations on the Claimants’ request of July 28, 2017. The Claimants file a request for the Tribunal to decide on the withdrawal of documents.
August 9, 2017	The Tribunal issues Procedural Order No. 15 concerning procedural matters.
August 10, 2017	The Tribunal decides on the Claimants’ request of July 28, 2017.
August 14, 2017	The Respondent files observations on the Claimants’ request of August 7, 2017, and a request for the Tribunal to decide on production of documents.
August 22, 2017	The Claimants file observations on the Respondent’s request of August 14, 2017.
August 29, 2017	The Tribunal issues Procedural Order No. 16 concerning production of documents.
August 30, 2017	The Tribunal issues Procedural Order No. 17 concerning procedural matters. The Tribunal issues Procedural Order No. 18 concerning procedural matters.
September 6, 2017	The Tribunal issues Procedural Order No. 19 concerning procedural matters.
September 11, 2017	The Claimants file a rejoinder on jurisdiction.
September 19, 2017	The Tribunal issues Procedural Order No. 20 concerning procedural matters.
September 20, 2017	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
September 28, 2017	The Tribunal issues Procedural Order No. 21 concerning procedural matters.
September 29, 2017	The Tribunal issues Procedural Order No. 22 concerning procedural matters.
September 30, 2017	The Tribunal issues Procedural Order No. 23 concerning the organization of the hearing.
October 2, 2017 - October 7, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
October 12, 2017	The Tribunal issues Procedural Order No. 24 concerning procedural matters.
October 27, 2017	The Tribunal issues Procedural Order No. 25 concerning procedural matters.
December 8, 2017	The Tribunal issues Procedural Order No. 26 concerning procedural matters.
December 11, 2017	Each party files a post-hearing brief.
December 27, 2017	The Tribunal issues Procedural Order No. 27 concerning procedural matters.
December 29, 2017	The Tribunal issues Procedural Order No. 28 concerning procedural matters.
January 16, 2018	Each party files a reply post-hearing brief.
January 23, 2018	Each party files a statement of costs.
August 27, 2018	The Tribunal issues Procedural Order No. 29 concerning procedural matters.
September 13, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 12, 2018	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Horacio Grigera Naón.