Case Details

Abertis Infraestructuras, S.A. v. Argentine Republic (ICSID Case No. ARB/23/39)

Subject of Dispute:

Highway construction project
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Spain - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Abertis Infraestructuras, S.A. (Spanish)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

August 29, 2023
Date of Constitution of Tribunal:

November 27, 2023

Composition of Tribunal

President:

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

Elisabeth ELJURI (Kittitian/Nevisian, Venezuelan) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, New York, NY, U.S.A.
Marval, O’Farrell & Mairal, Buenos Aires, Argentina
Respondent(s):

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

Spanish
Status of Proceeding:

Pending
Latest Development:

July 2, 2024 - The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Updated Annex A to Procedural Order No. 1

Procedural Order No. 2

Available on the ICSID Website

Procedural Order No. 1 (March 13, 2024) Spanish (Original)

Updated Annex A to Procedural Order No. 1 (March 27, 2024) Spanish (Original)

Procedural Order No. 2 (July 2, 2024) Spanish (Original)

(a) Original Proceeding

Date	Development
August 29, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
October 10, 2023	Following appointment by the Claimant, Elisabeth Eljuri (Venezuelan/Kittitian/Nevisian) accepts her appointment as arbitrator.
November 2, 2023	Following appointment by the Respondent, Loretta Malintoppi (Italian) accepts her 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; Elisabeth Eljuri (Venezuelan/Kittitian/Nevisian), appointed by the Claimant; and Loretta Malintoppi (Italian), appointed by the Respondent.
January 25, 2024	The Tribunal holds a first session by video conference.
March 13, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 9, 2024	The Claimant files a memorial on the merits.
May 24, 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.
June 24, 2024	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
July 2, 2024	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.