Case Details

Fernando Paiz Andrade and Anabella Schloesser de León de Paiz v. Republic of Honduras (ICSID Case No. ARB/23/43)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Fernando Paiz Andrade (Guatemalan), Anabella Schloesser de León de Paiz (Guatemalan)
Respondent(s):

Republic of Honduras (Honduran)
Date Registered:

September 13, 2023
Date of Constitution of Tribunal:

May 13, 2024

Composition of Tribunal

President:

Nicolas ANGELET (Belgian) - Appointed by the Parties
Arbitrators:

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, Miami, FL, U.S.A.
Respondent(s):

Procuraduría General de la República de Honduras, Tegucigalpa, Honduras
Foley Hoag, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

June 5, 2025 - The Respondent files a reply on objections to jurisdiction.

(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
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.