Case Details
Orazul International España Holdings S.L. v. Argentine Republic (ICSID Case No. ARB/19/25)
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Electricity distribution enterprise
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Electric Power & Other Energy
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BIT Spain - Argentina 1991
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ICSID Convention - Arbitration Rules
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Orazul International España Holdings S.L. (Spanish)
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Argentine Republic (Argentine)
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September 11, 2019
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June 10, 2020
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Inka HANEFELD (German) - Appointed by the Parties
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David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Alain PELLET (French) - Appointed by the Respondent(s) -
White & Case, Houston, TX, New York, NY, U.S.A. and Madrid, Spain
Tavarone, Rovelli Salim & Miani Abogados, Buenos Aires, Argentina -
Procuración del Tesoro de la Nación, Buenos Aires, Argentina
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English,Spanish
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Concluded
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December 14, 2023 -
The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator David R. Haigh.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Decision on Bifurcation
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 4
Decision on Disqualification of Dr. Inka Hanefeld
Prodedural Order No. 5
Procedural Order No. 6
Award of the Tribunal
Available on the ICSID Website
Procedural Order No. 1 (August 24, 2020) English (Original); Spanish (Original)
Decision on Bifurcation (January 7, 2021) English (Original); Spanish (Original)
Procedural Order No. 2 (February 10, 2022) English (Original); Spanish (Original)
Procedural Order No. 3 (June 2, 2022) English (Original); Spanish (Original)
Procedural Order No. 4 (July 1, 2022) English (Original); Spanish (Original)
Decision on Disqualification of Dr. Inka Hanefeld (September 11, 2022) English (Original); Spanish (Original)
Prodedural Order No. 5 (December 9, 2022) English (Original); Spanish (Original)
Procedural Order No. 6 (January 19, 2023) English (Original); Spanish (Original)
Award of the Tribunal (December 14, 2023) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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September 11, 2019 | The Secretary-General registers a request for the institution of arbitration proceedings. |
November 26, 2019 | Following appointment by the Claimant, David R. Haigh (Canadian) accepts his appointment as arbitrator. |
December 25, 2019 | Following appointment by the Respondent, Alain Pellet (French) accepts his appointment as arbitrator. |
June 10, 2020 | Following appointment by agreement of the parties, Inka Hanefeld (German) accepts her appointment as presiding arbitrator. |
June 10, 2020 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Inka Hanefeld (German), President, appointed by agreement of the parties; David R. Haigh (Canadian), appointed by Claimant and Alain Pellet (French), appointed by Respondent. |
August 7, 2020 | The Tribunal holds a first session by video conference. |
August 24, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
September 15, 2020 | The Claimant files a memorial on jurisdiction, liability and quantum. |
November 16, 2020 | The Respondent files a request to address the objections to jurisdiction as a preliminary question and a request to bifurcate. |
December 14, 2020 | The Claimant files observations on the request to bifurcate. |
January 7, 2021 | The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
April 27, 2021 | The Respondent files a counter-memorial on the merits. |
May 13, 2021 | The Claimant files a request for the exclusion of evidence and a request for the Tribunal to decide on production of documents. |
May 26, 2021 | The Respondent files observations on the Claimant’s requests of May 13, 2021. |
June 1, 2021 | The Tribunal decides on the Claimant’s requests of May 13, 2021. |
July 26, 2021 | The Claimant files a counter-memorial on preliminary objections and a reply on the merits. |
October 25, 2021 | The Respondent files a reply on preliminary objections and a rejoinder on the merits. |
December 9, 2021 | The Claimant files a rejoinder on preliminary objections. |
January 27, 2022 | The Respondent files a request for the Tribunal to decide on production of documents. |
February 10, 2022 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
May 26, 2022 | The Respondent files a request for the Tribunal to decide on production of documents. |
May 30, 2022 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
June 2, 2022 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
June 29, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
July 1, 2022 | The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing. |
August 12, 2022 | The Respondent files a request for the exclusion of evidence. |
August 17, 2022 | The Claimant files observations on the Respondent’s request of August 12, 2022. |
August 18, 2022 | The Respondent files a response to the Claimant’s observations of August 17, 2022. |
August 19, 2022 | The Tribunal decides on the Respondent’s request of August 12, 2022. |
August 23, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
August 25, 2022 | The Claimant files observations on the Respondent’s request of August 23, 2022 and a request for the Tribunal to decide on the admissibility of new evidence. |
August 29, 2022 | The Tribunal decides on the Respondent’s request of August 23, 2022 and the Claimant’s request of August 25, 2022. |
September 1, 2022 - September 15, 2022 | The Tribunal holds a hearing on jurisdiction and merits in person in Washington, D.C. and by video conference. |
September 9, 2022 | The Claimant files a proposal for disqualification of arbitrator Inka Hanefeld. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
September 9, 2022 | The Respondent files observations on the proposal for disqualification. |
September 9, 2022 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
September 11, 2022 | The proposal for disqualification of arbitrator Inka Hanefeld is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
October 6, 2022 | The Respondent files a request for the Tribunal to decide on disclosure of information. |
October 21, 2022 | The Claimant files observations on the Respondent’s request of October 6, 2022. |
November 4, 2022 | The Respondent files a response to the Claimant’s observations of October 21, 2022. |
November 4, 2022 | The Respondent files a post-hearing brief. |
November 5, 2022 | The Claimant files a post-hearing brief. |
November 18, 2022 | The Claimant files further observations on the Respondent’s response of November 4, 2022. |
December 9, 2022 | The Tribunal issues Procedural Order No. 5 concerning the disclosure of information. |
December 29, 2022 | The Respondent files a request for the exclusion of evidence. |
January 12, 2023 | The Claimant files observations on the Respondent’s request of December 29, 2022. |
January 19, 2023 | The Tribunal issues Procedural Order No. 6 concerning the exclusion of evidence. |
May 17, 2023 | Each party files a submission on costs. |
May 24, 2023 | Each party files observations on the other party’s submission on costs. |
September 5, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
December 14, 2023 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator David R. Haigh. |