Case Details
Fernando Paiz Andrade and Anabella Schloesser de León de Paiz v. Republic of Honduras (ICSID Case No. ARB/23/43)
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Renewable energy generation enterprise
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Electric Power & Other Energy
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CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
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ICSID Convention - Arbitration Rules
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Fernando Paiz Andrade (Guatemalan), Anabella Schloesser de León de Paiz (Guatemalan)
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Republic of Honduras (Honduran)
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September 13, 2023
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May 13, 2024
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Nicolas ANGELET (Belgian) - Appointed by the Parties
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Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
White & Case, Miami, FL, U.S.A.
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Procuraduría General de la República de Honduras, Tegucigalpa, Honduras
Foley Hoag, Washington, D.C., U.S.A. -
English,Spanish
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Pending
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June 5, 2025 - The Respondent files a reply on objections to jurisdiction.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Claimants’ Notice of Intent
Claimants’ Notice of Arbitration
Procedural Order No. 1
Procedural Order No. 2
Claimants’ Memorial on the Merits
Respondent’s Request for Bifurcation and Summary of Jurisdictional Objections
Claimants’ Observations on the Request for Bifurcation
Procedural Order No. 3
Respondent’s Memorial on Jurisdictional Objections
Non-Disputing Party Submission - United States
Available on the ICSID Website
Claimants’ Notice of Intent (October 10, 2022) English (Original)
Claimants’ Notice of Arbitration (August 24, 2023) English (Original)
Procedural Order No. 1 (July 22, 2024) English (Original); Spanish (Original)
Procedural Order No. 2 (July 22, 2024) English (Original); Spanish (Original)
Claimants’ Memorial on the Merits (September 20, 2024) English (Original)
Respondent’s Request for Bifurcation and Summary of Jurisdictional Objections (October 21, 2024) English (Original)
Claimants’ Observations on the Request for Bifurcation (November 20, 2024) English (Original)
Procedural Order No. 3 (December 20, 2024) English (Original); Spanish (Original)
Respondent’s Memorial on Jurisdictional Objections (February 25, 2025) English (Original); Spanish (Original)
Non-Disputing Party Submission - United States (March 20, 2025) English (Original)
(a) Original Proceeding
Date | Development |
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September 13, 2023 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
October 4, 2023 | Following appointment by the Claimants, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator. |
February 2, 2024 | Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator. |
May 9, 2024 | Following appointment by agreement of the parties, Nicolas Angelet (Belgian) accepts his appointment as presiding arbitrator. |
May 13, 2024 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Nicolas Angelet (Belgian), President, appointed by agreement of the parties; Stephen L. Drymer (Canadian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent. |
July 2, 2024 | The Tribunal holds a first session by video conference. |
July 22, 2024 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 22, 2024 | The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality. |
September 20, 2024 | The Claimants file a memorial on the merits. |
October 22, 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. |
November 20, 2024 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
December 20, 2024 | The Tribunal issues Procedural Order No. 3 concerning Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
February 26, 2025 | The Respondent files a memorial on objections to jurisdiction. |
March 20, 2025 | The United States of America files a written submission as a non-disputing Treaty Party pursuant to DR-CAFTA Article 10.20.2. |
April 4, 2025 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
April 30, 2025 | The Claimants file a request. |
April 30, 2025 | The President of the Tribunal issues a procedural order concerning the Claimants’ request of April 30, 2025. |
April 30, 2025 | The Respondent files observations on the Claimants’ request of April 30, 2025. |
May 6, 2025 | The Claimants file a counter-memorial on objections to jurisdiction. |
May 7, 2025 | The Respondent files further observations on the Claimants’ request of April 30, 2025. |
May 9, 2025 | The Claimants file a response to the Respondent's further observations of May 7, 2025. |
May 13, 2025 | The Respondent files a response to the Claimants’ response of May 9, 2025. |
May 28, 2025 | The Tribunal issues Procedural Order No. 5 concerning the Claimants’ requests of May 9, 2025. |
June 5, 2025 | The Respondent files a reply on objections to jurisdiction. |