Case Details
Carlos Rios and Francisco Javier Rios v. Republic of Chile (ICSID Case No. ARB/17/16)
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Transportation concession
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Transportation
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FTA Colombia - Chile
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ICSID Convention - Arbitration Rules
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Carlos Rios (Colombian), Francisco Javier Rios (Colombian)
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Republic of Chile (Chilean)
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June 13, 2017
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December 6, 2017
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Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
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Oscar M. GARIBALDI (Argentine, U.S.) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Dechert (Paris), Paris, France
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Arnold & Porter Kaye Scholer, Washington, D.C. and London U.K.
Dirección General de Relaciones Económicas Internacionales (DIRECON), República de Chile -
Spanish
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Concluded
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January 11, 2021 - The Tribunal renders its award; attached to the award is a partial dissent by arbitrator Oscar M. Garibaldi.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Request for Arbitration
Procedural Order No. 1
Procedural Order No. 2
Claimants' Memorial on the Merits
Procedural Order No. 3
Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Claimants’ Reply on the Merits and Counter-Memorial on Jurisdictional Objections
Procedural Order No. 8
Procedural Order No. 9
Transcripts Hearing Day 1
Transcripts Hearing Day 2
Transcripts Hearing Day 3
Transcripts Hearing Day 4
Transcripts Hearing Day 5
Audio Recordings (Day 1-5) (Spanish;)
Respondent’s Rejoinder on the Merits and Reply on Jurisdictional Objections
Claimants’ Rejoinder on Jurisdictional Objections
Claimants’ Post-Hearing Brief
Respondent’s Post-Hearing Brief
Claimants’ Submission on Costs
Respondent’s Submission on Costs
Award
Partial Dissenting Opinion of Oscar M. Garibaldi
Procedural Order No. 10
Available on the ICSID Website
Request for Arbitration (May 26, 2017) Spanish (Original)
Procedural Order No. 1 (January 23, 2018) Spanish (Original)
Procedural Order No. 2 (February 16, 2018) Spanish (Original)
Claimants' Memorial on the Merits (February 9, 2018) Spanish (Original)
Procedural Order No. 3 (April 19, 2018) Spanish (Original)
Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction (June 13, 2018) Spanish (Original)
Procedural Order No. 4 (July 2, 2018) Spanish (Original)
Procedural Order No. 5 (July 23, 2018) Spanish (Original)
Procedural Order No. 6 (August 16, 2018) Spanish (Original)
Procedural Order No. 7 (October 4, 2018) Spanish (Original)
Claimants’ Reply on the Merits and Counter-Memorial on Jurisdictional Objections (October 24, 2018) Spanish (Original)
Procedural Order No. 8 (February 19, 2019) Spanish (Original)
Procedural Order No. 9 (May 3, 2019) Spanish (Original)
Transcripts Hearing Day 1 (April 11, 2019) Spanish (Original)
Transcripts Hearing Day 2 (April 12, 2019) Spanish (Original)
Transcripts Hearing Day 3 (April 13, 2019) Spanish (Original)
Transcripts Hearing Day 4 (April 15, 2019) Spanish (Original)
Transcripts Hearing Day 5 (April 16, 2019) Spanish (Original)
Respondent’s Rejoinder on the Merits and Reply on Jurisdictional Objections (January 28, 2019) Spanish (Original)
Claimants’ Rejoinder on Jurisdictional Objections (March 23, 2019) Spanish (Original)
Claimants’ Post-Hearing Brief (June 28, 2019) Spanish (Original)
Respondent’s Post-Hearing Brief (June 28, 2019) Spanish (Original)
Claimants’ Submission on Costs (July 29, 2019) Spanish (Original)
Respondent’s Submission on Costs (July 29, 2019) Spanish (Original)
Award (January 11, 2021) Spanish (Original)
Partial Dissenting Opinion of Oscar M. Garibaldi (December 29, 2020) Spanish (Original)
Procedural Order No. 10 (October 9, 2020) Spanish (Original)
(a) Original Proceeding
Date | Development |
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June 13, 2017 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
August 17, 2017 | Following appointment by the Claimants, Oscar M. Garibaldi (U.S./Argentine) accepts his appointment as arbitrator. |
August 21, 2017 | Following appointment by the Respondent, Anna Joubin-Bret (French) accepts her appointment as arbitrator. |
November 22, 2017 | Following the resignation of arbitrator Anna Joubin-Bret, Brigitte Stern (French) accepts her appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). |
December 6, 2017 | Following appointment by the parties, Gabrielle Kaufmann-Köhler (Swiss) accepts her appointment as presiding arbitrator. |
December 6, 2017 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Köhler (Swiss), President, appointed by agreement of the parties; Oscar M. Garibaldi, (U.S./Argentine), appointed by Claimants; and Brigitte Stern, (French), appointed by Respondent. |
January 8, 2018 | The Tribunal holds a first session by telephone conference. |
January 23, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
February 9, 2018 | The Claimants file a memorial on the merits. |
February 16, 2018 | The Tribunal issues Procedural Order No. 2 concerning confidentiality of documents. |
April 19, 2018 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
June 13, 2018 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
July 2, 2018 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
July 23, 2018 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
August 16, 2018 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
October 4, 2018 | The Tribunal issues Procedural Order No. 7 concerning privilege and confidentiality of documents. |
October 24, 2018 | The Claimants file a reply on the merits and counter-memorial on jurisdictional objections. |
January 28, 2019 | The Respondent files a rejoinder on the merits and reply on jurisdictional objections. |
February 15, 2019 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
February 19, 2019 | The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing. |
February 26, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
March 1, 2019 | The Claimants file observations on the Respondent’s request of February 26, 2019. |
March 3, 2019 | The Tribunal issues a decision on the admissibility of a new document. |
March 23, 2019 | The Claimants file a rejoinder on jurisdictional objections. |
March 27, 2019 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
March 29, 2019 | The Respondent files observations on the Claimants’ request of March 27, 2019. |
April 1, 2019 | The Tribunal issues a decision on the admissibility of new evidence. |
April 11, 2019 - April 16, 2019 | The Tribunal holds a Hearing on Jurisdiction and the Merits in London. |
May 3, 2019 | The Tribunal issues Procedural Order No. 9 regarding post-hearing matters. |
June 28, 2019 | Each party files a post-hearing brief. |
July 29, 2019 | Each party files a submission on costs. |
October 9, 2019 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |
April 2, 2020 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
April 8, 2020 | The Respondent files observations on the Claimants’ request of April 2, 2020. |
April 19, 2020 | The Tribunal decides on the admissibility of new evidence. |
April 24, 2020 | The parties file a joint valuation model from the parties’ experts. |
May 15, 2020 | Each party files observations on the joint valuation model from the parties’ experts. |
November 30, 2020 | Each party files an updated submission on costs. |
December 23, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
January 11, 2021 | The Tribunal renders its award; attached to the award is a partial dissent by arbitrator Oscar M. Garibaldi. |