Case Details

Riverside Coffee, LLC v. Republic of Nicaragua (ICSID Case No. ARB/21/16)

Subject of Dispute:

Food products enterprise
Economic Sector:

Agriculture, Fishing & Forestry
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):

Riverside Coffee, LLC (U.S.)
Respondent(s):

Republic of Nicaragua (Nicaraguan)
Date Registered:

April 2, 2021
Date of Constitution of Tribunal:

May 6, 2022

Composition of Tribunal

President:

Veijo HEISKANEN (Finnish) - Appointed by the Parties
Arbitrators:

Lucy GREENWOOD (British) - Appointed by the Claimant(s)
Philippe COUVREUR (Belgian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Appleton & Associates International Lawyers, Toronto, Canada
Respondent(s):

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

English,Spanish
Status of Proceeding:

Pending
Latest Development:

April 22, 2024 - The Tribunal issues Procedural Order No. 9 on the Claimant’s motion of March 26, 2024.

(a) Original Proceeding

Published Decisions

Notice of Intent

Notice of Arbitration

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Claimant’s Memorial

Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction

Procedural Order No. 6

Respondent’s Request for Security for Costs

Claimant’s Reply Memorial

Claimant’s Response to Respondent’s Request for Security for Costs

Respondent’s Reply Comment on the Request for Security for Costs

Claimant’s Rejoinder Comment on the Request for Security for Costs

Procedural Order No. 7

Respondent’s Rejoinder on Jurisdiction and the Merits

Procedural Order No. 8

United States of America's written submission under DR-CAFTA Article 10.20.2

Available on the ICSID Website

Notice of Intent (August 28, 2020) English (Original)

Notice of Arbitration (March 19, 2021) English (Original)

Procedural Order No. 1 (June 27, 2022) English (Original); Spanish (Original)

Procedural Order No. 2 (July 1, 2022) English (Original); Spanish (Original)

Procedural Order No. 3 (August 9, 2022) English (Original); Spanish (Original)

Procedural Order No. 4 (December 19, 2022) English (Original); Spanish (Original)

Procedural Order No. 5 (January 17, 2023) English (Original); Spanish (Original)

Claimant’s Memorial (October 21, 2022) English (Original)

Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction (March 3, 2023) English (Original)

Procedural Order No. 6 (May 29, 2023) English (Original)

Respondent’s Request for Security for Costs (October 3, 2023) English (Original)

Claimant’s Reply Memorial (November 3, 2023) English (Original)

Claimant’s Response to Respondent’s Request for Security for Costs (November 10, 2023) English (Original)

Respondent’s Reply Comment on the Request for Security for Costs (November 17, 2023) English (Original)

Claimant’s Rejoinder Comment on the Request for Security for Costs (November 24, 2023) English (Original)

Procedural Order No. 7 (December 20, 2023) English (Original)

Respondent’s Rejoinder on Jurisdiction and the Merits (March 8, 2023) English (Original)

Procedural Order No. 8 (January 16, 2024) English (Original)

United States of America's written submission under DR-CAFTA Article 10.20.2 (March 15, 2024) English (Original)

(a) Original Proceeding

Date	Development
April 2, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
April 8, 2021	Following appointment by the Claimant, Lucy Greenwood (British) accepts her appointment as arbitrator.
May 4, 2021	Following appointment by the Respondent, Philippe Couvreur (Belgian) accepts his appointment as arbitrator.
May 6, 2022	Following appointment by agreement of the parties, Veijo Heiskanen (Finnish) accepts his appointment as presiding arbitrator.
May 6, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are Veijo Heiskanen (Finnish), President, appointed by agreement of the parties; Lucy Greenwood (British), appointed by the Claimant; and Philippe Couvreur (Belgian), appointed by the Respondent.
June 22, 2022	The Tribunal holds a first session by videoconference.
June 27, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 1, 2022	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
August 9, 2022	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
October 21, 2022	The Claimant files a memorial on the merits.
November 13, 2022	The Claimant files an application for the Tribunal to decide on procedural requests.
November 23, 2022	The Respondent files a response to the Claimant’s application of November 13, 2022.
December 2, 2022	The Claimant files a reply to the Respondent’s response of November 23, 2022.
December 12, 2022	The Respondent files a rejoinder to the Claimant’s reply of December 2, 2022.
December 19, 2022	The Tribunal issues Procedural Order No. 4 concerning the Claimant’s application of November 13, 2022.
January 17, 2023	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
March 3, 2023	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 19, 2023	Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents.
May 29, 2023	The Tribunal issues Procedural Order No. 6 concerning production of documents.
October 4, 2023	The Respondent files a request for security for costs.
November 3, 2023	The Claimant files a reply on the merits and counter-memorial on jurisdiction.
November 10, 2023	The Claimant files a response to Respondent’s request for security for costs.
November 17, 2023	The Respondent files a reply on the request for security for costs.
November 24, 2023	The Claimant files a rejoinder on the request for security for costs.
December 20, 2023	The Tribunal issues Procedural Order No. 7 concerning security for costs.
January 12, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
January 16, 2024	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
March 9, 2024	The Respondent files a rejoinder on jurisdiction and the merits.
March 15, 2024	The United States of America files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2.
March 26, 2024	The Claimant files a motion on procedural issues.
April 8, 2024	The Respondent files a response to the Claimant’s motion of March 26, 2024.
April 12, 2024	The Claimant files a reply to the Respondent’s response of April 8, 2024.
April 16, 2024	The Respondent files a rejoinder to the Claimant’s reply of April 12, 2024.
April 22, 2024	The Tribunal issues Procedural Order No. 9 on the Claimant’s motion of March 26, 2024.