Case Details
The Lopez-Goyne Family Trust and others v. Republic of Nicaragua (ICSID Case No. ARB/17/44)
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Hydrocarbons concession
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Oil, Gas & Mining
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CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
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ICSID Convention - Arbitration Rules
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Esther Valentina Goyne (U.S.), James Douglas Goyne (U.S.), James John Bochnowski (U.S.), Harold Orris Shattuck (U.S.), Diane Elizabeth Radu (U.S.), The Barnish Family Trust of 2008 (U.S.), LG Hawaii Development Corporation (U.S.), Michael David Goyne (U.S.), David Michael Goyne (U.S.), David A. Barish (U.S.), Raymond Gerald Bailey (U.S.), Walter John Bilger (U.S.), Anita Mejarito-Guzman Ross (U.S.), The Goyne Family Trust (U.S.), Janet A. Bochnowski (U.S.), Elsbeth Irene Foster (U.S.), Scott Stuart Shogreen (U.S.), The Lopez-Goyne Family Trust (U.S.), The Bochnowski Family Trust (U.S.), Emily Lopez Goyne (U.S.), Gale Ruth Feuer Barnish (U.S.), Hills Exploration Corporation (U.S.), LG Hawaii Oil & Gas, Inc. (U.S.), Eloisa Lopez Schogreen (U.S.)
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Republic of Nicaragua (Nicaraguan)
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December 19, 2017
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June 19, 2019
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Luca G. RADICATI DI BROZOLO (British, Italian) - Appointed by the Parties
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José A. MARTÍNEZ DE HOZ (Argentine) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Dechamps, London, U.K.
Tariq Baloch, London, U.K.
Munguía Vidaurre Law, Managua, Nicaragua -
Ministerio de Fomento, Industria y Comercio, Managua, Nicaragua
Foley Hoag, Washington, D.C., U.S.A -
English,Spanish
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Concluded
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March 1, 2023 -
The Tribunal renders its award; attached to the award is a concurring opinion by arbitrator José A. Martínez de Hoz.
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Claimant(s)
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July 14, 2023 (Claimant(s))
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Dechamps Law Ltd., London, U.K.
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Procuraduría General de la República, Managua, Nicaragua
Ministerio de Fomento, Industria y Comercio, Managua, Nicaragua
Ministerio de Energía y Minas, Managua, Nicaragua
Baker & Hostetler, Washington, D.C., U.S.A. -
English,Spanish
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Concluded
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September 20, 2023 - The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 2
Procedural Order No. 1 (Amended)
Procedural Order No. 3 (Amended)
Award of the Tribunal
Available on the ICSID Website
Procedural Order No. 2 (November 13, 2020) English (Original); Spanish (Original)
Procedural Order No. 1 (Amended) (February 18, 2021) English (Original); Spanish (Original)
Procedural Order No. 3 (Amended) (October 28, 2021) English (Original); Spanish (Original)
Award of the Tribunal (March 1, 2023) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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December 19, 2017 | The Secretary-General registers a request for the institution of arbitration proceedings. |
January 10, 2018 | Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator. |
January 10, 2018 | Following appointment by the Claimants, José Martínez de Hoz (Argentine) accepts his appointment as arbitrator. |
June 19, 2019 | Following appointment by agreement of the parties, Luca G. Radicati di Brozolo (Italian/British), accepts his appointment as presiding arbitrator. |
June 19, 2019 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Luca G. Radicati di Brozolo (Italian/British), President, appointed by agreement of the parties; José Martínez de Hoz (Argentine) appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent. |
July 18, 2019 | The Tribunal holds a first session by telephone conference. |
August 6, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
January 10, 2020 | The Claimants file a memorial on the merits. |
August 26, 2020 | The Respondent files a counter-memorial on the merits, including a counter-claim and an objection to jurisdiction. |
October 30, 2020 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
November 13, 2020 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
February 22, 2021 | The Claimants file a reply on the merits, a counter-memorial on the counter-claim and objection to jurisdiction. |
July 13, 2021 | The Respondent files a rejoinder on the merits, a reply on the counter-claim and objection to jurisdiction. |
September 14, 2021 | The Claimants file a rejoinder on the counter-claim and objection to jurisdiction. |
September 28, 2021 | The United States of America files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2. |
October 15, 2021 | The President holds a pre-hearing organizational meeting with the parties by video conference. |
October 22, 2021 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
November 15, 2021 - November 20, 2021 | The Tribunal holds a hearing on jurisdiction, merits, counter-claim and quantum by video conference. |
November 4, 2022 | Each party files a submission on costs. |
November 9, 2022 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
March 1, 2023 | The Tribunal renders its award; attached to the award is a concurring opinion by arbitrator José A. Martínez de Hoz. |
(b) Annulment Proceeding
Date | Development |
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July 14, 2023 | The Acting Secretary-General registers an application for annulment of the award filed by The Lopez Goyne Family Trust and Others and notifies the parties of the provisional stay of enforcement of the award. |
September 18, 2023 | The Lopez-Goyne Family Trust and others file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44. |
September 18, 2023 | The Secretary-General invites the Republic of Nicaragua to state whether it opposes the Lopez-Goyne Family Trust and others’ request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44. |
September 19, 2023 | The Republic of Nicaragua informs the Centre that it does not object to the Lopez-Goyne Family Trust and others’ request for the discontinuance of the proceeding. |
September 20, 2023 | The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44. |