Case Details

The Lopez-Goyne Family Trust and others v. Republic of Nicaragua (ICSID Case No. ARB/17/44)

Subject of Dispute:

Hydrocarbons concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

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.)
Respondent(s):

Republic of Nicaragua (Nicaraguan)
Date Registered:

December 19, 2017
Date of Constitution of Tribunal:

June 19, 2019

Composition of Tribunal

President:

Luca G. RADICATI DI BROZOLO (British, Italian) - Appointed by the Parties
Arbitrators:

José A. MARTÍNEZ DE HOZ (Argentine) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dechamps, London, U.K.
Tariq Baloch, London, U.K.
Munguía Vidaurre Law, Managua, Nicaragua
Respondent(s):

Ministerio de Fomento, Industria y Comercio, Managua, Nicaragua
Foley Hoag, Washington, D.C., U.S.A
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

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

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 14, 2023 (Claimant(s))

Party Representatives

Claimant(s):

Dechamps Law Ltd., London, U.K.
Respondent(s):

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.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of 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.

(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
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
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.