Case Details
Aaron C.Berkowitz, Brett E. Berkowitz and Trevor B. Berkowitz v. Republic of Costa Rica (ICSID Case No. UNCT/13/2)
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Real estate project
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CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
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UNCITRAL
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Aaron C.Berkowitz (U.S.), Brett E. Berkowitz (U.S.), Trevor B. Berkowitz (U.S.)
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Republic of Costa Rica (Costa Rican)
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Daniel BETHLEHEM (British) - Appointed by the Secretary-General
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Mark A. KANTOR (U.S.) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s) -
GST, Miami, FL and Washington, D.C., U.S.A
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Ministry of Foreign Trade, San Jose, Costa Rica
Sidley Austin, Washington, D.C., U.S.A. -
English,Spanish
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Concluded
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May 30, 2017 - The Tribunal issues a Procedural Order on the correction of the interim award and the termination of the proceedings.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Arbitration and Statement of Claim
Response to Notice of Arbitration
Memorial on the Merits
Memorial on Jurisdiction and Counter-Memorial on the Merits
Counter-Memorial on Jurisdiction and Reply on the Merits
Reply on Jurisdiction and Rejoinder on the Merits
Rejoinder on Jurisdiction
Letter regarding Hearing Logistics
Procedural Order No. 1
Public Hearing on the Merits (April 20, 2015)
Non Disputing Party Submission - United States
Non Disputing Party Submission - El Salvador
Non Disputing Party Submission - El Salvador - Annex A
Non Disputing Party Submission - El Salvador - Annex B
Non Disputing Party Submission - El Salvador - Annex C
Non Disputing Party Submission - El Salvador - Annex D
Non Disputing Party Submission - El Salvador - Annex E
Non Disputing Party Submission - El Salvador - Annex F
Respondent's Post-Hearing Submission
Claimants' Post-Hearing Submission
Claimants' Post-Hearing Submission - Addendum
Interim Award of the Tribunal
Interim Award of the Tribunal - Cover Letter
Claimants' Letter
Respondent's Letter
Respondent's Letter
Claimants' Letter
Claimants' Letter
Claimants' Letter - Annex I
Respondent's Letter
Procedural Order Taking note of Termination
Procedural Order Taking note of Termination - Cover Letter
Email from the Berkowitz Claimants
Letter to the Parties from ICSID
Letter from Respondent to ICSID
Procedural Order on Stay Application
Letter to the parties from ICSID
Letter to the parties from ICSID (second letter)
Letter from Claimant to ICSID
Letter from Respondent to ICSID
Letter to the parties from ICSID
Interim Award of the Tribunal
Procedural Order on Correction and Termination
Available on the ICSID Website
Notice of Arbitration and Statement of Claim (June 10, 2013) English (Original)
Response to Notice of Arbitration (July 26, 2013) English (Original)
Memorial on the Merits (April 26, 2014) English (Original)
Memorial on Jurisdiction and Counter-Memorial on the Merits (July 15, 2014) English (Original)
Counter-Memorial on Jurisdiction and Reply on the Merits (October 4, 2014) English (Original)
Reply on Jurisdiction and Rejoinder on the Merits (December 22, 2014) English (Original)
Rejoinder on Jurisdiction (February 4, 2015) English (Original)
Letter regarding Hearing Logistics (April 7, 2015) English (Original)
Procedural Order No. 1 (February 26, 2014) English (Original)
Non Disputing Party Submission - United States (April 17, 2015) English (Original)
Non Disputing Party Submission - El Salvador (April 17, 2015) English (Original)
Non Disputing Party Submission - El Salvador - Annex A (April 17, 2015) English (Original)
Non Disputing Party Submission - El Salvador - Annex B (April 17, 2015) English (Original)
Non Disputing Party Submission - El Salvador - Annex C (April 17, 2015) English (Original)
Non Disputing Party Submission - El Salvador - Annex D (April 17, 2015) English (Original)
Non Disputing Party Submission - El Salvador - Annex E (April 17, 2015) English (Original)
Non Disputing Party Submission - El Salvador - Annex F (April 17, 2015) English (Original)
Respondent's Post-Hearing Submission (May 26, 2015) English (Original)
Claimants' Post-Hearing Submission (May 26, 2015) English (Original)
Claimants' Post-Hearing Submission - Addendum (June 26, 2015) English (Original)
Interim Award of the Tribunal (October 25, 2016) English (Original); Spanish (Original)
Interim Award of the Tribunal - Cover Letter (October 25, 2016) English (Original)
Claimants' Letter (November 28, 2016) English (Original)
Respondent's Letter (November 28, 2016) English (Original)
Respondent's Letter (December 14, 2016) English (Original)
Claimants' Letter (December 23, 2016) English (Original)
Claimants' Letter (January 25, 2017) English (Original)
Claimants' Letter - Annex I (January 25, 2017) English (Original)
Respondent's Letter (February 8, 2017) English (Original)
Procedural Order Taking note of Termination (February 10, 2017) English (Original)
Procedural Order Taking note of Termination - Cover Letter (February 10, 2017) English (Original)
Email from the Berkowitz Claimants (February 10, 2017) English (Original)
Letter to the Parties from ICSID (February 13, 2017) English (Original)
Letter from Respondent to ICSID (February 16, 2017) English (Original)
Procedural Order on Stay Application (February 28, 2017) English (Original)
Letter to the parties from ICSID (April 17, 2017) English (Original)
Letter to the parties from ICSID (second letter) (April 17, 2017) English (Original)
Letter from Claimant to ICSID (May 1, 2017) English (Original)
Letter from Respondent to ICSID (May 1, 2017) English (Original)
Letter to the parties from ICSID (May 9, 2017) English (Original)
Interim Award of the Tribunal (May 30, 2017) English (Original); Spanish (Original)
Procedural Order on Correction and Termination (May 30, 2017) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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December 2, 2013 | The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (2010) and pursuant to DR-CAFTA Article 10.19. Its members are: Daniel Bethlehem (British), President, appointed by the Secretary-General pursuant to DR-CAFTA Article 10.19; Mark Kantor (U.S.), appointed by the Claimants; and Raúl E. Vinuesa (Argentine/Spanish), appointed by the Respondent. |
February 4, 2014 | The Tribunal holds a first session by telephone conference. |
February 26, 2014 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
April 26, 2014 | The Claimants files a memorial on the merits. |
July 15, 2014 | The Respondent files a memorial on jurisdiction and a counter-memorial on the merits. |
October 4, 2014 | The Claimants files a counter-memorial on jurisdiction and a reply on the merits. |
December 22, 2014 | The Respondent files a reply on jurisdiction and a rejoinder on the merits. |
February 4, 2015 | The Claimants files a rejoinder on jurisdiction. |
April 2, 2015 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
April 17, 2015 | The United States of America and the Republic of El Salvador each file a written submission as a non-disputing party pursuant to CAFTA Article 10.20.2. |
April 20, 2015 - April 24, 2015 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
May 26, 2015 | Each party files a post-hearing brief. |
November 25, 2015 | The Tribunal poses questions to the parties. |
December 22, 2015 | Each party files answers to the questions posed by the Tribunal on November 25, 2015. |
October 25, 2016 | The Tribunal renders its interim award. |
November 28, 2016 | Spence International Investments, LLC withdraws its claims. |
December 14, 2016 | The Respondent requests the termination of the proceedings and a decision by the Tribunal on costs allocation. |
December 23, 2016 | The Claimants file observations on the Respondent’s requests of December 14, 2016. |
January 25, 2017 | Aaron C. Berkowitz, Brett E. Berkowitz and Trevor B. Berkowitz request the Tribunal to stay the proceeding pursuant to DR-CAFTA Article 10.26.6. |
February 8, 2017 | The Respondent files observations on the Claimants’ request of January 25, 2017. |
February 10, 2017 | The Tribunal issues a Procedural Order concerning the Respondent’s requests of December 14, 2016. |
February 28, 2017 | The Tribunal issues a Procedural Order concerning the Claimants’ request of January 25, 2017. |
March 15, 2017 | The Claimants request the termination of the proceedings. |
April 7, 2017 | The Respondent’s files observations on the Claimants’ request of March 15, 2016. |
May 1, 2017 | The Claimants file observations on their request of March 15, 2016. The Respondent files further observations on the Claimants’ request of March 15, 2016. |
May 30, 2017 | The Tribunal issues a Procedural Order on the correction of the interim award and the termination of the proceedings. |