Case Details

Italba Corporation v. Oriental Republic of Uruguay (ICSID Case No. ARB/16/9)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT United States of America - Uruguay 2005
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Italba Corporation (U.S.)
Respondent(s):

Oriental Republic of Uruguay (Uruguayan)
Date Registered:

March 24, 2016
Date of Constitution of Tribunal:

May 27, 2016

Composition of Tribunal

President:

Rodrigo OREAMUNO (Costa Rican) - Appointed by the Parties
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Alston & Bird, New York, NY, U.S.A.
Respondent(s):

Ministro de Relaciones Exteriores de Uruguay, Montevideo, Uruguay
Secretario de la Presidencia de Uruguay, Montevideo, Uruguay
Foley Hoag, Washington D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 22, 2019 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 10, 2019 (Claimant(s))
Date of Constitution of ad hoc Committee:

August 27, 2019

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

President:

Andrés RIGO SUREDA (Spanish)
Members:

Gabriel BOTTINI (Argentine)
Mónica PINTO (Argentine)

Party Representatives

Claimant(s):

Alston & Bird, New York, NY, U.S.A.
Respondent(s):

Ministro de Relaciones Exteriores de Uruguay, Montevideo, Uruguay
Secretario de la Presidencia de Uruguay, Montevideo, Uruguay
Foley Hoag, Washington D.C., U.S.A.
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 16, 2020 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulations 14(3)(d) and (e).

(a) Original Proceeding

Published Decisions

Decision on Claimant's Application for Provisional Measures and Temporary Relief

Award

Available on the ICSID Website

Decision on Claimant's Application for Provisional Measures and Temporary Relief (February 15, 2017) English (Original); Spanish (Original)

Award (March 22, 2019) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Proposal to Disqualify Mr. Gabriel Bottini

Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Decision on the Proposal to Disqualify Mr. Gabriel Bottini (October 29, 2019) English (Original)

Order Taking Note of the Discontinuance of the Proceeding (June 16, 2020) English (Original)

(a) Original Proceeding

Date	Development
March 24, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
April 5, 2016	Following appointment by the Claimant, John Beechey (British) accepts his appointment as arbitrator.
May 3, 2016	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
May 27, 2016	Following appointment by agreement of the parties, Rodrigo Oreamuno (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 (Costa Rican), President, appointed by agreement of the parties; John Beechey (British), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent.
July 26, 2016	The Tribunal holds a first session by telephone conference.
July 29, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 16, 2016	The Claimant files a memorial on the merits.
November 10, 2016	The Claimant files a request for provisional measures.
November 14, 2016	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
November 21, 2016	The Respondent files observations on the Claimant’s request for provisional measures.
November 24, 2016	The Claimant files a response to the Respondent’s observations of November 21, 2016.
November 28, 2016	The Respondent files further observations on the Claimant’s request for provisional measures.
December 5, 2016	The Claimant files further observations on its request for provisional measures.
December 6, 2016	The Respondent files a response to the Claimant’s observations of December 5, 2016.
January 30, 2017	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
February 15, 2017	The Tribunal decides on the Claimant’s request for provisional measures.
March 22, 2017	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
March 29, 2017	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
April 4, 2017	The Tribunal issues Procedural Order No. 3 concerning Claimant’s request for production of documents.
May 12, 2017	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
May 31, 2017	The Tribunal issues Procedural Order No. 4 concerning Respondent’s request for production of documents.
August 11, 2017	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
November 13, 2017 - November 20, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
March 16, 2018	Each party files a post-hearing brief.
May 4, 2018	Each party files a statement of costs.
March 22, 2019	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
July 10, 2019	The Secretary-General registers an application for annulment of the award filed by Italba Corporation and notifies the parties of the provisional stay of enforcement of the award.
August 27, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Rigo Sureda (Spanish), President; Gabriel Bottini (Argentine); and Mónica Pinto (Argentine); all members appointed by the Chairman of the Administrative Council.
September 13, 2019	Italba Corporation file(s) a proposal for disqualification of ad hoc Committee Member Gabriel Bottini. The proceeding is suspended in accordance with ICSID Arbitration Rules 53 and 9(6).
September 23, 2019	The Oriental Republic of Uruguay files observations on the proposal for disqualification.
September 30, 2019	The member of the ad hoc Committee furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rules 53 and 9(3).
October 7, 2019	The parties file additional observations on the proposal for disqualification.
October 29, 2019	The proposal for disqualification of ad hoc Committee member Gabriel Bottini is declined by the other two members of the ad hoc Committee. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 9(6).
December 3, 2019	The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
December 3, 2019	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
June 12, 2020	The Secretary-General moves that the ad hoc Committee discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulations 14(3)(d) and (e).
June 16, 2020	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulations 14(3)(d) and (e).