Case Details

Enel Colombia S.A. (formerly ESSA2 SpA) and Enel Costa Rica CAM S.A. (formerly Enel Green Power Costa Rica S.A.) v. Republic of Costa Rica (ICSID Case No. ARB/21/49)

Claimant(s)/Nationality(ies):

Enel Colombia S.A. (formerly ESSA2 SpA) (Colombian), Enel Costa Rica CAM S.A. (formerly Enel Green Power Costa Rica S.A.) (Costa Rican)
Respondent(s):

Republic of Costa Rica (Costa Rican)
Date Registered:

October 13, 2021
Date of Constitution of Tribunal:

October 24, 2022

President:

Albert Jan VAN DEN BERG (Dutch) - Appointed by the Parties
Arbitrators:

Elisabeth ELJURI (Kittitian/Nevisian, Venezuelan) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Claimant(s):

Clifford Chance, Washington, D.C., U.S.A.
Respondent(s):

Ministerio de Comercio Exterior (COMEX), San José, Costa Rica
Arnold & Porter Kaye Scholer, Washington D.C., U.S.A. and London, U.K.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 25, 2023 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

Procedural Order No. 1

Order Taking Note of the Discontinuance of the Proceeding

Procedural Order No. 1 (December 20, 2022) English (Original); Spanish (Original)

Order Taking Note of the Discontinuance of the Proceeding (April 25, 2023) English (Original); Spanish (Original)

Date	Development
October 13, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
February 7, 2022	Following appointment by the Claimants, Elisabeth Eljuri (Venezuelan and Kittitian/Nevisian) accepts her appointment as arbitrator.
March 5, 2022	Following appointment by the Respondent, Raúl Emilio Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator.
October 24, 2022	Following appointment by agreement of the parties, Albert Jan van den Berg (Dutch) accepts his appointment as presiding arbitrator.
October 24, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Albert Jan van den Berg (Dutch), President, appointed by agreement of the parties; Elisabeth Eljuri (St. Kitts and Nevis, Venezuelan), appointed by the Claimants; and Raúl Emilio Vinuesa (Argentine, Spanish), appointed by the Respondent.
December 5, 2022	The Tribunal holds a first session by video conference.
December 20, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 3, 2023	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
April 25, 2023	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).