Case Details
Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No. ARB/16/42)
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Infrastructure construction projects
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Construction
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BIT United States of America - Panama 1982 - 2007 US Panama Trade Promotion Agreement (TPA)
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ICSID Convention - Arbitration Rules
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Oscar Rivera (U.S.), Omega Engineering LLC (U.S.)
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Republic of Panama (Panamanian)
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December 30, 2016
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May 1, 2017
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Laurence SHORE (British, U.S.) - Appointed by the Parties
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Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s) -
Jones Day, Miami, FL, U.S.A., London, U.K., and Washington, D.C., U.S.A.
Shook Hardy & Bacon, Miami, FL, U.S.A. -
Shearman & Sterling, New York, NY, and Washington, D.C., U.S.A.
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English
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Concluded
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October 14, 2022 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Procedural Order No. 2
United States of America Third Non-Disputing Party Submission
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No. 5
Award of the Tribunal
Available on the ICSID Website
Procedural Order No. 1 (June 21, 2017) English (Original)
Procedural Order No. 2 (December 18, 2019) English (Original)
United States of America Third Non-Disputing Party Submission (February 3, 2020) English (Original)
Procedural Order No. 3 (February 6, 2020) English (Original)
Procedural Order No. 4 (October 6, 2020) English (Original)
Procedural Order No. 5 (October 8, 2020) English (Original)
Award of the Tribunal (October 14, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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December 30, 2016 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
March 20, 2017 | Following appointment by the Claimants, Horacio A. Grigera Naón (Argentine) accepts his appointment as arbitrator. |
March 22, 2017 | Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator. |
May 1, 2017 | Following appointment by agreement of the parties, Laurence Shore (U.S./British) accepts his appointment as presiding arbitrator. |
May 1, 2017 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Laurence Shore (U.S./British), President, appointed by agreement of the parties; Horacio A. Grigera Naón (Argentine), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent. |
June 9, 2017 | The Tribunal holds a first session by telephone conference. |
June 22, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
June 25, 2018 | The Claimants file a memorial on the merits. |
January 7, 2019 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
February 26, 2019 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
March 19, 2019 | The Tribunal decides on production of documents. |
May 30, 2019 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
November 18, 2019 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
December 9, 2019 | The Claimants file a request for the Tribunal to decide on production of documents. |
December 12, 2019 | The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents. |
December 13, 2019 | The Claimants file a response to the Respondent’s observations of December 12, 2019. |
December 18, 2019 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
January 13, 2020 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
January 20, 2020 | The Claimants file a rejoinder on jurisdiction. |
February 3, 2020 | 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. |
February 6, 2020 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
February 11, 2020 | The Respondent files a request for the exclusion of evidence. |
February 12, 2020 | The Claimants file observations on the Respondent’s request for the exclusion of evidence. |
February 13, 2020 | The Respondent files further comments on its request for exclusion of evidence. |
February 14, 2020 | The Tribunal decides on Respondent’s request for the exclusion of evidence. |
February 24, 2020 - February 28, 2020 | The Tribunal holds a hearing on jurisdiction, merits and quantum in Washington, D.C. |
June 30, 2020 | Each party files observations on the non-disputing party’s written submission. |
September 24, 2020 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
September 29, 2020 | The Respondent files observations on the Claimants’ request of September 24, 2020. |
October 1, 2020 | The Claimants file a response to the Respondent’s observations of September 29, 2020. |
October 4, 2020 | The Claimants file a further request for the Tribunal to decide on the admissibility of new evidence. |
October 6, 2020 | The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing. |
October 6, 2020 | The Respondent files observations on the Claimants’ request of October 4, 2020. |
October 7, 2020 | The Claimants file a response to the Respondent’s observations of October 6, 2020. |
October 8, 2020 | The Tribunal issues Procedural Order No. 5 concerning the admissibility of new evidence. |
October 13, 2020 - October 16, 2020 | The Tribunal holds a hearing on jurisdiction, merits and quantum by videoconference. |
January 8, 2021 | Each party files a post-hearing brief. |
January 21, 2021 | Each party files a submission on costs. |
September 28, 2022 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
October 14, 2022 | The Tribunal renders its award. |