Case Details

MetLife, Inc. and MetLife Servicios S.A. v. Argentine Republic (ICSID Case No. ARB/17/17)

Subject of Dispute:

Pension system
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT United States of America - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

MetLife Servicios S.A. (Argentine), MetLife, Inc. (U.S.)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

June 14, 2017
Date of Constitution of Tribunal:

February 9, 2018

Composition of Tribunal

President:

Ian BINNIE (Canadian) - Appointed by the Parties
Arbitrators:

Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, New York, NY, U.S.A.
Respondent(s):

Procuración del Tesoro de la Nación, Buenos Aires, Argentina
Curtis, Mallet-Prevost, Colt and Mosle, Washington D.C. & New York, N.Y., U.S.A., Buenos Aires, Argentina and London, U.K.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

September 26, 2022 - The Tribunal issues a decision on jurisdiction, liability, principles of quantum and interest.

No References Available.

(a) Original Proceeding

Date	Development
June 14, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
July 20, 2017	Following appointment by the Claimants, Klaus Reichert (Irish/German) accepts his appointment as arbitrator.
August 21, 2017	Following appointment by the Respondent, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator.
February 9, 2018	Following appointment by agreement of the parties, Ian Binnie (Canadian) accepts his appointment as presiding arbitrator.
February 9, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ian Binnie (Canadian), President, appointed by agreement of the parties; Klaus Reichert (German/Irish), appointed by the Claimants; and Campbell McLachlan (New Zealand), appointed by the Respondent.
April 6, 2018	The Tribunal holds a first session by telephone conference.
May 1, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 27, 2018	The Claimants file a memorial on the merits.
October 5, 2018	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
November 13, 2018	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
December 21, 2018	The Tribunal issues Procedural Order No. 2 concerning Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
May 13, 2019	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
August 9, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
August 23, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 20, 2019	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
May 21, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
June 26, 2020	The Claimants file a request for the exclusion of evidence, supplemented by letter of July 2, 2020.
July 8, 2020	The Respondent files observations on the Claimants’ request for the exclusion of evidence.
July 14, 2020	The Claimants file a response to the Respondent’s observations of July 8, 2020.
July 22, 2020	The Respondent files a letter of rejoinder to the Claimants’ response of July 14, 2020.
August 24, 2020	The Tribunal issues Procedural Order No. 4 concerning the exclusion of evidence.
September 3, 2020	The Claimants file a rejoinder on jurisdiction.
October 30, 2020	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
December 30, 2020	The Tribunal issues an order taking note of the discontinuance of the proceedings with respect to Metlife Seguros de Retiro, S.A. and the Retiro ICSID Claim pursuant to ICSID Arbitration Rule 44.
January 29, 2021	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
February 4, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
February 8, 2021	Non-disputing parties file an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 26, 2021	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
March 2, 2021	Each party files observations on the non-disputing parties’ application.
March 8, 2021	The Tribunal issues Procedural Order No. 8 concerning the non-disputing parties’ application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 30, 2021	The non-disputing parties file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 5, 2021	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
April 5, 2021	Each party files a request for the Tribunal to decide on the admissibility of new evidence.
April 9, 2021	The Claimants file a request for the exclusion of certain submissions of the non-disputing parties.
April 9, 2021	The Claimants file observations on the Respondent's request of April 5, 2021.
April 16, 2021	The Respondent files observations on the Claimants’ request of April 5, 2021.
April 17, 2021	The Claimants file a response to the Respondent’s observations of April 16, 2021.
April 18, 2021	The Respondent files a rejoinder to the Claimants’ response of April 17, 2021.
April 20, 2021	The Tribunal issues Procedural Order No. 9 concerning the admissibility of new evidence.
May 10, 2021 - May 15, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
May 26, 2021	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
May 28, 2021	The Respondent files observations on the Claimants’ request of April 9, 2021.
June 4, 2021	The Respondent files observations on the Claimants’ request of April 5, 2021.
June 8, 2021	The Respondent files observations on the Claimants’ request of May 26, 2021.
June 14, 2021	The Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence.
June 15, 2021	The Tribunal issues Procedural Order No. 11 concerning the exclusion of certain submissions of the non-disputing parties.
July 7, 2021	Each party files observations on the non-disputing parties’ written submission.
July 30, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
August 9, 2021	The Claimants file observations on the Respondent’s request of July 30, 2021.
August 19, 2021	The Tribunal issues Procedural Order No. 12 concerning the admissibility of new evidence.
September 5, 2021 - September 11, 2021	The Tribunal holds a hearing on quantum by video conference.
September 22, 2021	The Respondent files a request concerning the admissibility of new evidence.
September 23, 2021	The Claimants file observations on the Respondent’s request of September 22, 2021.
September 28, 2021	The Tribunal issues Procedural Order No. 13 concerning the admissibility of new evidence.
October 15, 2021	The Tribunal holds a hearing on closing arguments by video conference.
September 26, 2022	The Tribunal issues a decision on jurisdiction, liability, principles of quantum and interest.