(a) Original Proceeding

Published Decisions

Request for Arbitration

Claimants’ Supplement Letter to Request for Arbitration

Respondent’s Expedited Objections

Procedural Order No. 1

Claimants’ Response on Expedited Objections

Respondent's Reply on Expedited Objections

Claimants' Rejoinder on Expedited Objections

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Transcript Hearing on Expedited Objections, Day 1

Transcript Hearing on Expedited Objections, Day 2

Transcript Hearing on Expedited Objections, Day 3

Transcript Hearing on Expedited Objections, Day 4

U.S. Submission Pursuant to Article 10.20.2 of the U.S.-Panama TPA

U.S. Supplemental Submission Pursuant to Article 10.20.2 of the U.S.-Panama TPA

Claimants’ Post-Hearing Submission on Expedited Objections

Respondent’s Post-Hearing Submission on Expedited Objections

Decision on Expedited Objections

Procedural Order No. 5

Claimants' Memorial

Respondent’s Counter-Memorial

Procedural Order No. 6

Claimants’ Application to Remove the Respondent’s Expert Witness as to Panamanian Law

Panama’s Response to Claimants’ Application to Remove Jorge Lee as Expert Witness

Claimants’ Reply to Respondent’s Response to Claimants’ Application to Remove the Respondent’s Expert Witness as to Panamanian Law

Panama’s Rejoinder on Claimants’ Application to Remove Jorge Lee as Expert Witness

United States of America Third Non-Disputing Party Submission

Tribunal’s Ruling on Claimants’ Application to Remove the Respondent’s Expert as to Panamanian Law

Procedural Order No. 7 with Annexes A and B

Claimants’ Reply

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10 [REDACTED]

Respondent’s Rejoinder – REDACTED

Procedural Order No. 11

Procedural Order No. 12

Transcript Hearing on Merits, Day 1

Transcript Hearing on Merits, Day 2 - REDACTED

Transcript Hearing on Merits, Day 3

Transcript Hearing on Merits, Day 4 - REDACTED

Transcript Hearing on Merits, Day 5

Transcript Hearing on Merits, Day 6

Claimants’ Corrected Post-Hearing Brief

Respondent’s Corrected Post-Hearing Brief

Award of the Tribunal

Available on the ICSID Website

Request for Arbitration (October 7, 2016) English (Original)

Claimants’ Supplement Letter to Request for Arbitration (October 25, 2016) English (Original)

Respondent’s Expedited Objections (May 30, 2017) English (Original)

Procedural Order No. 1 (July 11, 2017) English (Original)

Claimants’ Response on Expedited Objections (July 24, 2017) English (Original)

Respondent's Reply on Expedited Objections (August 7, 2017) English (Original)

Claimants' Rejoinder on Expedited Objections (August 14, 2017) English (Original)

Procedural Order No. 2 (August 24, 2017) English (Original)

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

Procedural Order No. 4 (September 3, 2017) English (Original)

Transcript Hearing on Expedited Objections, Day 1 (September 3, 2017) English (Original)

Transcript Hearing on Expedited Objections, Day 2 (September 4, 2017) English (Original)

Transcript Hearing on Expedited Objections, Day 3 (September 5, 2017) English (Original)

Transcript Hearing on Expedited Objections, Day 4 (September 6, 2017) English (Original)

U.S. Submission Pursuant to Article 10.20.2 of the U.S.-Panama TPA (August 28, 2017) English (Original)

U.S. Supplemental Submission Pursuant to Article 10.20.2 of the U.S.-Panama TPA (September 25, 2017) English (Original)

Claimants’ Post-Hearing Submission on Expedited Objections (October 11, 2017) English (Original)

Respondent’s Post-Hearing Submission on Expedited Objections (October 11, 2017) English (Original)

Decision on Expedited Objections (December 13, 2017) English (Original)

Procedural Order No. 5 (January 30, 2018) English (Original)

Claimants' Memorial (May 11, 2018) English (Original)

Respondent’s Counter-Memorial (September 14, 2018) English (Original)

Procedural Order No. 6 (September 24, 2018) English (Original)

Claimants’ Application to Remove the Respondent’s Expert Witness as to Panamanian Law (October 29, 2018) English (Original)

Panama’s Response to Claimants’ Application to Remove Jorge Lee as Expert Witness (November 9, 2018) English (Original)

Claimants’ Reply to Respondent’s Response to Claimants’ Application to Remove the Respondent’s Expert Witness as to Panamanian Law (November 16, 2018) English (Original)

Panama’s Rejoinder on Claimants’ Application to Remove Jorge Lee as Expert Witness (November 27, 2018) English (Original)

United States of America Third Non-Disputing Party Submission (December 7, 2018) English (Original)

Tribunal’s Ruling on Claimants’ Application to Remove the Respondent’s Expert as to Panamanian Law (December 13, 2018) English (Original)

Procedural Order No. 7 with Annexes A and B (January 15, 2019) English (Original)

Claimants’ Reply (March 22, 2019) English (Original)

Procedural Order No. 8 (March 29, 2019) English (Original)

Procedural Order No. 9 (April 4, 2019) English (Original)

Procedural Order No. 10 [REDACTED] (April 23, 2019) English (Original)

Respondent’s Rejoinder – REDACTED (June 17, 2019) English (Original)

Procedural Order No. 11 (June 28, 2019) English (Original)

Procedural Order No. 12 (July 11, 2019) English (Original)

Transcript Hearing on Merits, Day 1 (July 29, 2019) English (Original)

Transcript Hearing on Merits, Day 2 - REDACTED (July 30, 2019) English (Original); Spanish (Original)

Transcript Hearing on Merits, Day 3 (July 31, 2019) English (Original); Spanish (Original)

Transcript Hearing on Merits, Day 4 - REDACTED (August 1, 2019) English (Original)

Transcript Hearing on Merits, Day 5 (August 2, 2019) English (Original)

Transcript Hearing on Merits, Day 6 (August 28, 2019) English (Original)

Claimants’ Corrected Post-Hearing Brief (October 30, 2019) English (Original)

Respondent’s Corrected Post-Hearing Brief (October 30, 2019) English (Original)

Award of the Tribunal (August 14, 2020) English (Original)

(a) Original Proceeding

Date	Development
October 28, 2016	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 5, 2016	Following appointment by the Claimants, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator.
January 2, 2017	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
April 27, 2017	Following appointment by his co-arbitrators, Nicholas Phillips (British) accepts his appointment as presiding arbitrator.
April 27, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Nicholas Phillips (British), President, appointed by his co-arbitrators; Horacio A. Grigera Naón (Argentine), appointed by the Claimants; and J. Christopher Thomas (Canadian), appointed by the Respondent.
May 30, 2017	The Respondent files expedited preliminary objections pursuant to Article 10.20.5 of the TPA United States of America – Panama.
June 6, 2017	The Tribunal holds a first session by video conference.
July 11, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 24, 2017	The Claimants file observations on Respondent’s expedited preliminary objections pursuant to Article 10.20.5 of the TPA United States of America – Panama.
August 7, 2017	The Respondent files a Reply on expedited preliminary objections pursuant to Article 10.20.5 of the TPA United States of America – Panama.
August 14, 2017	The Claimants file a rejoinder on expedited preliminary objections pursuant to Article 10.20.5 of the TPA United States of America – Panama.
August 18, 2017	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
August 24, 2017	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
August 28, 2017	The United States of America files a written submission as a non-disputing party pursuant to Article 10.20.2 of the TPA United States of America – Panama.
August 29, 2017	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
September 3, 2017 - September 6, 2017	The Tribunal holds a hearing on expedited preliminary objections in Washington, DC.
September 3, 2017	The Tribunal issues Procedural Order No. 4.
September 25, 2017	The United States of America files a second written submission as a non-disputing party pursuant to Article 10.20.2 of the TPA United States of America – Panama.
October 11, 2017	Each party files a post-hearing brief.
November 6, 2017	Each party files a statement of costs.
December 13, 2017	The Tribunal issues a decision on the expedited preliminary objections pursuant to Article 10.20.5 of the TPA United States of America – Panama.
January 30, 2018	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
May 11, 2018	The Claimants file a memorial on the merits.
September 14, 2018	The Respondent files a counter-memorial on the merits.
September 24, 2018	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
October 29, 2018	The Claimants file a request for removal of an expert witness.
November 9, 2018	The Respondent files observations on the Claimants’ request for removal of an expert witness of October 29, 2018.
November 16, 2018	The Claimants file a reply on the removal of an expert witness.
November 27, 2018	The Respondent files a rejoinder on the removal of an expert witness.
November 29, 2018	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
December 7, 2018	The United States of America files a third written submission as a non-disputing party pursuant to Article 10.20.2 of the TPA United States of America – Panama.
December 13, 2018	Tribunal issues its decision on the Claimants’ request for removal of an expert witness.
January 15, 2019	The Tribunal issues Procedural Order No. 7 concerning production of documents.
March 22, 2019	The Claimants file a reply on the merits.
March 29, 2019	The Tribunal issues Procedural Order No. 8 concerning production of documents.
April 4, 2019	The Tribunal issues Procedural Order No. 9 concerning production of documents.
April 23, 2019	The Tribunal issues Procedural Order No. 10 concerning production of documents.
April 30, 2019	The Claimants file a supplemental reply on the merits.
June 17, 2019	The Respondent files a rejoinder on the merits.
June 20, 2019	The Claimants file a request for removal of expert witnesses reports.
June 25, 2019	The Respondent files observations on the Claimants’ request of June 20, 2019.
June 28, 2019	The Tribunal issues Procedural Order No. 11 concerning the Claimants’ request of June 20, 2019.
July 8, 2019	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 11, 2019	The Tribunal issues Procedural Order No. 12 concerning hearing organization.
July 29, 2019 - August 2, 2019	The Tribunal holds a hearing on the merits in Washington, D.C.
August 28, 2019	The Tribunal holds a witness examination by video conference.
September 12, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
September 19, 2019	The Claimants file observations on the Respondent’s request of September 12, 2019.
September 23, 2019	The Tribunal decides on the admissibility of new documents.
October 16, 2019	Each party files a post-hearing brief.
November 8, 2019	Each party files a statement of costs.
August 4, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 14, 2020	The Tribunal renders its award.