Case Details

Kurt Harald Grüninger, Alexandra Grüninger, and Sascha Spittel v. Republic of Costa Rica (ICSID Case No. ARB/23/16)

Subject of Dispute:

Real estate project
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Germany - Costa Rica 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Kurt Harald Grüninger (German), Alexandra Grüninger (German), Sascha Spittel (German)
Respondent(s):

Republic of Costa Rica (Costa Rican)
Date Registered:

May 17, 2023
Date of Constitution of Tribunal:

October 31, 2023

Composition of Tribunal

President:

Lucinda A. LOW (U.S.) - Appointed by the Parties
Arbitrators:

Adolfo JIMÉNEZ (U.S.) - Appointed by the Claimant(s)
Mónica PINTO (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Reed Smith, Miami, FL and New York, NY, U.S.A.
Respondent(s):

Adell & Merizalde, Santo Domingo, Dominican Republic
Ministry of Foreign Trade (COMEX), San José, Costa Rica
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

June 26, 2026 - Each party files a post-hearing brief.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Annex A of Procedural Order No. 3

Annex B of Procedural Order No. 3

Hearing on Closing Arguments - Recording (April 9, 2026)

Procedural Order No. 4

Available on the ICSID Website

Procedural Order No. 1 (February 7, 2024) English (Original); Spanish (Original)

Procedural Order No. 2 (February 7, 2024) English (Original); Spanish (Original)

Procedural Order No. 3 (May 23, 2025) Spanish (Original)

Annex A of Procedural Order No. 3 (May 23, 2025) Spanish (Original)

Annex B of Procedural Order No. 3 (May 23, 2025) Spanish (Original)

Procedural Order No. 4 (March 20, 2026) Spanish (Original)

(a) Original Proceeding

Date	Development
May 17, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
August 20, 2023	Following appointment by the Claimants, Adolfo E. Jimenez (U.S.) accepts his appointment as arbitrator.
September 11, 2023	Following appointment by the Respondent, Mónica Pinto (Argentine) accepts her appointment as arbitrator.
October 31, 2023	Following appointment by agreement of the parties, Lucinda Low (U.S.) accepts her appointment as presiding arbitrator.
October 31, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Lucinda Low (U.S.), President, appointed by agreement of the parties; Adolfo E. Jimenez (U.S.), appointed by the Claimants; and Mónica Pinto (Argentine), appointed by the Respondent.
January 19, 2024	The Tribunal holds a first session by video conference.
February 7, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 7, 2024	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
August 15, 2024	The Claimants file a memorial on the merits.
March 3, 2025	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
May 23, 2025	The Tribunal issues Procedural Order No. 3 concerning production of documents.
September 15, 2025	The Claimants file a reply on the merits and counter-memorial on jurisdiction.
December 15, 2025	The Respondent files a rejoinder on the merits and reply on jurisdiction.
January 15, 2026	The Claimant files a rejoinder on jurisdiction.
February 19, 2026	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
March 2, 2026	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
March 6, 2026	The Respondent files observations on the Claimants’ request of March 2, 2026.
March 16, 2026	The Tribunal decides on the admissibility of new evidence.
March 20, 2026	The Tribunal issues Procedural Order No. 4 on the organization of the hearing.
March 29, 2026 - April 3, 2026	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
April 9, 2026	The Tribunal holds a hearing on closing arguments by video conference.
June 26, 2026	Each party files a post-hearing brief.