Case Details

BA Desarrollos LLC v. Argentine Republic (ICSID Case No. ARB/23/32)

Subject of Dispute:

Real Estate Project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT United States of America - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

BA Desarrollos LLC (U.S.)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

August 4, 2023
Date of Constitution of Tribunal:

November 27, 2023

Composition of Tribunal

President:

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

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Luis GONZÁLEZ GARCÍA (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, New York, NY, U.S.A.
Respondent(s):

Procuración del Tesoro de la Nación, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

September 9, 2024 - The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Available on the ICSID Website

Procedural Order No. 1 (March 15, 2024) English (Original); Spanish (Original)

Procedural Order No. 2 (April 20, 2024) English (Original); Spanish (Original)

Procedural Order No. 3 (June 20, 2024) English (Original); Spanish (Original)

Procedural Order No. 4 (July 19, 2024) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
August 4, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
October 5, 2023	Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
November 10, 2023	Following appointment by the Respondent, Luis González García (Mexican) accepts his appointment as arbitrator.
November 22, 2023	Following appointment by agreement of the parties, Deva Villanúa Gómez (Spanish), accepts her appointment as presiding arbitrator.
November 27, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Deva Villanúa Gómez (Spanish), President, appointed by agreement of the parties; Stephen L. Drymer (Canadian), appointed by the Claimant; and Luis González García (Mexican), appointed by the Respondent.
January 26, 2024	The Tribunal holds a first session by video conference.
March 15, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 29, 2024	The Claimant files a memorial on the merits.
April 29, 2024	The Tribunal issues Procedural Order No. 2 concerning production of documents.
June 20, 2024	The Tribunal issues Procedural Order No. 3 concerning production of documents.
June 28, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
July 19, 2024	Following exchanges between the parties, the Tribunal issues Procedural Order No. 4 concerning redactions and production of documents.
August 8, 2024	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
August 15, 2024	Following exchanges between the parties, the Tribunal issues Procedural Order No. 5 concerning production of documents.
September 2, 2024	Following exchanges between the parties, the Tribunal issues Procedural Order No. 6 concerning redactions.
September 9, 2024	The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.