Case Details

APM Terminals Management Barcelona, S.L.U. v. Republic of Guatemala (ICSID Case No. CONC/23/1)

Subject of Dispute:

Port terminal operation contract
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Spain - Guatemala 2002
Applicable Rules:

ICSID Convention - Conciliation Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

APM Terminals Management Barcelona, S.L.U. (Spanish)
Respondent(s):

Republic of Guatemala (Guatemalan)
Date Registered:

September 8, 2023
Date of Constitution of Commission:

January 17, 2024

Composition of Commission

President:

Yves DERAINS (French) - Appointed by Co-Conciliators
Conciliators:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Claimant(s)
Hugo PEREZCANO DIAZ (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

GARRIGUES UK, London, U.K.
J&A GARRIGUES, Madrid, Spain
Respondent(s):

Curtis, Mallet-Prevost, Colt & Mosle, Mexico City, Mexico and Washington, D.C., U.S.A.
Procuraduría General de la Nación, Guatemala City, Guatemala
Ministerio de Economía, Guatemala City, Guatemala
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 6, 2024 -
The Commission issues its report.

No References Available.

(a) Original Proceeding

Date	Development
September 8, 2023	The Acting Secretary-General registers a request for the institution of conciliation proceedings.
November 8, 2023	Following appointment by the Claimant, Juan Fernández-Armesto (Spanish) accepts his appointment as conciliator.
December 1, 2023	Following appointment by the Respondent, Hugo Perezcano Díaz (Mexican) accepts his appointment as conciliator.
January 15, 2024	Following appointment by his co-conciliators pursuant to the parties’ agreement, Yves Derains (French) accepts his appointment as presiding conciliator.
January 17, 2024	The Commission is constituted in accordance with Article 29(2)(a) of the ICSID Convention. Its members are: Yves Derains (French), President, appointed by the co-conciliators pursuant to the parties’ agreement; Juan Fernández-Armesto (Spanish), appointed by the Claimant; and Hugo Perezcano, (Mexican), appointed by the Respondent.
September 5, 2024	The Commission declares the proceeding closed in accordance with Article (34)(2) of the ICSID Convention and ICSID Conciliation Rule 36.
September 6, 2024	The Commission issues its report.