Case Details

IBT Group, LLC and IBT, LLC v. Republic of Panama (ICSID Case No. ARB/20/31)

Subject of Dispute:

Construction project
Economic Sector:

Construction
Instrument(s) Invoked:

2007 US Panama Trade Promotion Agreement (TPA)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

IBT Group, LLC (U.S.), IBT, LLC (U.S.)
Respondent(s):

Republic of Panama (Panamanian)
Date Registered:

August 26, 2020
Date of Constitution of Tribunal:

December 11, 2020

Composition of Tribunal

President:

Deva VILLANUA GOMEZ (Spanish) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Mónica PINTO (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hughes Hubbard & Reed, Miami, Fl, U.S.A. and Washington, D.C., U.S.A.
Respondent(s):

Ministry of economy and Finances, Republic of Panama
Curtis, Mallet-Prevost, Colt and Mosle, Washington D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 22, 2022 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Claimants’ Notice of Intent

Claimants’ Request for Arbitration

Claimants’ Amended Request for Arbitration

Claimants’ Request for Provisional Measures

Panama’s Response to Request for Provisional Measures

Claimants’ Reply on Provisional Measures

Panama’s Rejoinder on Provisional Measures

Decision on Interim Relief

Decision on Provisional Measures

Procedural Order No. 1

Procedural Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Claimants’ Notice of Intent (April 13, 2020) Spanish (Original)

Claimants’ Request for Arbitration (July 24, 2020) English (Original); Spanish (Original)

Claimants’ Amended Request for Arbitration (August 11, 2020) English (Original); Spanish (Original)

Claimants’ Request for Provisional Measures (October 22, 2020) English (Original); Spanish (Original)

Panama’s Response to Request for Provisional Measures (November 24, 2020) Spanish (Original)

Claimants’ Reply on Provisional Measures (December 8, 2020) English (Original)

Panama’s Rejoinder on Provisional Measures (December 22, 2020) Spanish (Original)

Decision on Interim Relief (December 22, 2020) Spanish (Original)

Decision on Provisional Measures (February 5, 2021) Spanish (Original)

Procedural Order No. 1 (February 17, 2021) Spanish (Original)

Procedural Order Taking Note of the Discontinuance of the Proceeding (July 22, 2022) Spanish (Original)

(a) Original Proceeding

Date	Development
August 26, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
October 22, 2020	The Claimants file a request for provisional measures.
October 28, 2020	Following appointment by the Claimants, Guido Santiago Tawil (Argentine/Portuguese) accepts his appointment as arbitrator.
October 29, 2020	Following appointment by the Respondent, Mónica Pinto (Argentine) accepts her appointment as arbitrator.
November 24, 2020	The Respondent files observations on the Claimants’ request for provisional measures.
December 8, 2020	The Claimants file a response to the Respondent’s observations of November 24, 2020.
December 10, 2020	Following appointment by agreement of the parties, Deva Villanúa Gómez (Spanish) accepts her appointment as presiding arbitrator.
December 11, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Deva Villanúa Gómez (Spanish), appointed by agreement of the parties; Guido Santiago Tawil (Argentine, Portuguese), appointed by the Claimants; and Mónica Pinto (Argentine), appointed by the Respondent.
December 16, 2020	The Claimants file a request for an interim provisional measure.
December 17, 2020	The Respondent files observations on the Claimants’ request of December 16, 2020.
December 21, 2020	The Tribunal holds a meeting with the Parties by videoconference.
December 22, 2020	The Respondent files a rejoinder to the Claimants’ response of December 8, 2020.
December 22, 2020	The Tribunal issues a decision on the Claimants’ request for an interim provisional measure.
January 14, 2021	The Tribunal holds a hearing on provisional measures by videoconference.
February 2, 2021	The Tribunal holds a first session by videoconference.
February 5, 2021	The Tribunal issues a decision concerning provisional measures.
February 17, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 10, 2021	The proceeding is suspended pursuant to the parties’ agreement.
July 6, 2022	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
July 22, 2022	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).