Case Details
Alejandro Diego Díaz Gaspar v. Republic of Costa Rica (ICSID Case No. ARB/19/13)
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Agriculture and food products enterprise
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Agriculture, Fishing & Forestry
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BIT Costa Rica - Spain 1997
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ICSID Convention - Arbitration Rules
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Alejandro Diego Díaz Gaspar (Spanish,Venezuelan)
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Republic of Costa Rica (Costa Rican)
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May 1, 2019
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August 28, 2019
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Alexis MOURRE (French) - Appointed by the Parties
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Adolfo JIMÉNEZ (U.S.) - Appointed by the Claimant(s)
Luis GONZÁLEZ GARCÍA (Mexican) - Appointed by the Respondent(s) -
Hogan Lovells US, Miami, FL, New York, NY, Mexico City, Mexico
WDA Legal, S.C., Miami, FL, U.S.A. -
Ministerio de Comercio Exterior (COMEX), San José, Costa Rica
Squire Patton Boggs (UK) LLP, Paris, France
Squire Patton Boggs (US) LLP, Miami, FL, U.S.A
Squire Patton Boggs Peña Prieto Gamundi, Santo Domingo, Dominican Republic -
Spanish
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Concluded
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June 29, 2022 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Luis A. González García.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Award on Jurisdiction and the Merits
Available on the ICSID Website
Award on Jurisdiction and the Merits (June 29, 2022) Spanish (Original)
(a) Original Proceeding
Date | Development |
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May 1, 2019 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
June 21, 2019 | Following appointment by the Respondent, Luis González García (Mexican) accepts his appointment as arbitrator. |
July 2, 2019 | Following appointment by the Claimant, Adolfo Jiménez (U.S.) accepts his appointment as arbitrator. |
August 28, 2019 | Following appointment by agreement of the parties, Alexis Mourre (French) accepts his appointment as presiding arbitrator. |
August 28, 2019 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by agreement of the Parties; Adolfo Jiménez (U.S.), appointed by the Claimant; and Luis González García (Mexican), appointed by the Respondent. |
October 24, 2019 | The Tribunal holds a first session by telephone conference. |
October 24, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 12, 2020 | The Claimant files a memorial on the merits. |
April 15, 2020 | The Respondent files an application for security for costs. |
April 29, 2020 | The Claimant files observations on the Respondent’s request for security for costs. |
May 6, 2020 | The Respondent files a response to the Claimant’s observations of April 29, 2020. |
May 13, 2020 | The Claimant files further observations on the Respondent’s response of May 6, 2020. |
May 25, 2020 | The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request for Cautio Judicatum Solvi. |
July 31, 2020 | The Respondent files a memorial on jurisdiction and a counter-memorial on the merits. |
September 14, 2020 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
September 21, 2020 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
December 7, 2020 | The Claimant files a counter-memorial on jurisdiction and reply on the merits. |
February 19, 2021 | The Respondent files a renewed request for the Tribunal to decide on production of documents. |
February 24, 2021 | The Claimant files observations on the Respondent’s renewed request of February 19, 2021. |
February 26, 2021 | The Tribunal decides on the Respondent’s renewed request on production of documents. |
March 29, 2021 | The Respondent files a reply on jurisdiction and rejoinder on the merits. |
May 24, 2021 | The Claimant files a rejoinder on jurisdiction. |
June 9, 2021 | The Respondent files a request for the exclusion of an argument. |
June 14, 2021 | The Claimant files observations on the Respondent’s request of June 9, 2021. |
June 16, 2021 | The Tribunal decides on the Respondent’s request of June 9, 2021. |
June 30, 2021 | The Respondent files a response to the Claimant’s observations of June 14, 2021. |
July 7, 2021 | The Claimant files further observations on the Respondent’s request of June 9, 2021. |
July 14, 2021 | The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing. |
September 6, 2021 - September 11, 2021 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
November 29, 2021 | Each party files a post-hearing brief. |
December 6, 2021 | Each party files a submission on costs. |
June 8, 2022 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
June 29, 2022 | The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Luis A. González García. |