The Secretary-General registers a request for the institution of arbitration proceedings.

Following appointment by the Claimant, O. Thomas Johnson, Jr. (U.S.) accepts his appointment as arbitrator.

Following appointment by the Respondent, Marcelo Kohen (Argentine) accepts his appointment as arbitrator.

Following appointment by the Secretary-General pursuant to the parties’ agreement, David Unterhalter (South African) accepts his appointment as presiding arbitrator.

The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention.  Its members are: David Unterhalter (South African), President, appointed by the Secretary-General pursuant to the parties’ agreement; O. Thomas Johnson, Jr. (U.S.), appointed by the Claimant; and Marcelo Kohen (Argentine), appointed by the Respondent.

A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).

The Tribunal holds a first session by telephone conference.

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

Each party files observations on the non-disputing party’s application.

The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

The Claimant files a memorial on the merits.

The Respondent files a counter-memorial on the merits and memorial on jurisdiction.

Each party files a request for the Tribunal to decide on production of documents.

The Tribunal issues Procedural Order No. 3 concerning production of documents.

The Tribunal issues Procedural Order No. 4 concerning procedural matters.

The Claimant files a reply on the merits and counter-memorial on jurisdiction.

The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).

The Respondent files a rejoinder on the merits and reply on jurisdiction.

Each party files observations on the non-disputing party’s written submission.

Each party files additional observations on the non-disputing party’s application.

The Claimant files a rejoinder on jurisdiction.

The Tribunal issues Procedural Order No. 5 concerning procedural matters.

The Tribunal issues an addendum to Procedural Order No. 5 concerning procedural matters.

The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.

The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.

The Tribunal holds a hearing on jurisdiction and the merits by video conference.  

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of September 8, 2021.

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of September 16, 2021.

The Tribunal decides on the Respondent’s requests of September 8, 2021 and September 16, 2021.

Each party files a post-hearing brief.

The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

The Respondent files observations on the Claimant’s request of December 13, 2021 and a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of December 20, 2021.

The Tribunal decides on the Claimant’s request of December 13, 2021 and the Respondent’s request of December 20, 2021. 

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of June 22, 2022.

The Tribunal decides on the Respondent’s request of June 22, 2022.

The Tribunal poses questions to the parties.

The Respondent files comments on new evidence and answers to the questions posed by the Tribunal on September 7, 2022.

The Claimant files comments on new evidence and answers to the questions posed by the Tribunal on September 7, 2022.

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of December 20, 2022 and a request for the Tribunal to decide on the admissibility of new evidence.

The Tribunal decides on the Respondent’s request of December 20, 2022 and the Claimant’s request of December 23, 2022.

The Tribunal poses further questions to the parties.

Each party files answers to the questions posed by the Tribunal on February 23, 2023.

Each party files a submission on costs.

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of July 15, 2024.

The Tribunal decides on the Respondent’s request of July 15, 2024.

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

The Tribunal renders its award; attached to the award is a dissenting opinion by O. Thomas Johnson, Jr. and a declaration by Marcelo G. Kohen.