Case Details

Abertis Infraestructuras, S.A. v. Argentine Republic (ICSID Case No. ARB/15/48)

Subject of Dispute:

Highway system construction project
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Spain - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Abertis Infraestructuras, S.A. (Spanish)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

December 17, 2015
Date of Constitution of Tribunal:

August 2, 2016

Composition of Tribunal

President:

Rodrigo OREAMUNO (Costa Rican) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Eli Whitney DEBEVOISE II (U.S.) - Appointed by the Claimant(s)
Eduardo VALENCIA-OSPINA (Colombian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
Respondent(s):

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

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 18, 2018 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Procedural Order No. 1 (October 11, 2016) Spanish (Original)

Procedural Order No. 2 (March 27, 2017) Spanish (Original)

Procedural Order No. 3 (August 29, 2017) Spanish (Original)

Procedural Order No. 4 (June 27, 2018) Spanish (Original)

Order Taking Note of the Discontinuance of the Proceeding (September 18, 2018) Spanish (Original)

(a) Original Proceeding

Date	Development
December 17, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
February 8, 2016	Following appointment by the Claimant, Whitney Debevoise (U.S.) accepts his appointment as arbitrator.
March 6, 2016	Following appointment by the Respondent, Eduardo Valencia-Ospina (Colombian) accepts his appointment as arbitrator.
August 2, 2016	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Rodrigo Oreamuno Blanco (Costa Rican) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Rodrigo Oreamuno Blanco (Costa Rican), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Whitney Debevoise (U.S.), appointed by Claimant; and Eduardo Valencia-Ospina (Colombian), appointed by Respondent.
September 30, 2016	The Tribunal holds a first session by telephone conference.
October 11, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 10, 2017	The Claimant files a memorial on the merits.
February 3, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
February 28, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
March 27, 2017	The Tribunal issues Procedural Order No. 2 concerning its decision to address the objections to jurisdiction as a preliminary question.
June 16, 2017	The Respondent files a memorial on jurisdiction.
August 15, 2017	The Claimant files a counter-memorial on jurisdiction.
August 29, 2017	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
November 7, 2017	The Respondent files a reply on jurisdiction.
January 30, 2018	The Claimant files a rejoinder on jurisdiction.
June 27, 2018	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
August 13, 2018	The Claimant files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
August 15, 2018	The Respondent confirms the Claimant’s request of August 13, 2018.
September 18, 2018	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).