Case Details

David Aven et al. v. Republic of Costa Rica (ICSID Case No. UNCT/15/3)

Proceeding Materials Procedural Details

  • Real estate project
  • Tourism
  • CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
  • UNCITRAL

    (a) Original Proceeding

    • Aven, David Richard (U.S.), Aven, Samuel Donald (U.S.), Park, Carolyn Jean (U.S.), Raguso, Roger (U.S.), Shioleno, Jeffrey Scott (U.S.), Janney, David Alan (U.S.), Park, Eric Allan (U.S.)
    • Republic of Costa Rica (Costa Rican)

      Composition of Tribunal

    • Eduardo SIQUEIROS T (Mexican) - Appointed by the Parties
    • C. Mark BAKER (U.S.) - Appointed by the Claimant(s)
      Pedro NIKKEN (Venezuelan) - Appointed by the Respondent(s)

      Party Representatives

    • Todd Weiler, Ontario, Canada
      Vinson & Elkins, London, U.K. and Houston, TX, U.S.A.
    • Herbert Smith Freehills, New York, NY, U.S.A.
      Ministry of Foreign Trade of Costa Rica (COMEX), San Jose, Costa Rica
    • English,Spanish
    • Concluded
    • September 18, 2018 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Notice of Arbitration and Statement of Claim

Response to Notice of Arbitration

Procedural Order No. 1

Memorial on the Merits

Procedural Order No. 2

Revised Procedural timetable

Procedural Order No. 3

Counter-Memorial

Procedural Order No. 4

Reply Memorial

Rejoinder Memorial

Procedural Order No. 5

Transcripts Hearing Day 1

Transcripts Hearing Day 2

Transcripts Hearing Day 3

Transcripts Hearing Day 4

Transcripts Hearing Day 5

Transcripts Hearing Day 6

Transcripts Hearing Day 7

Claimants' Post Hearing Brief

Respondent's Post-Hearing Brief

Award of the Tribunal

Available on the ICSID Website

Notice of Arbitration and Statement of Claim (January 24, 2014) English (Original)

Response to Notice of Arbitration (February 24, 2014) English (Original)

Procedural Order No. 1 (September 10, 2015) English (Original); Spanish (Original)

Memorial on the Merits (November 27, 2015) English (Original); Spanish (Original)

Procedural Order No. 2 (February 4, 2016) English (Original); Spanish (Original)

Revised Procedural timetable (February 11, 2016) English (Original); Spanish (Original)

Procedural Order No. 3 (April 5, 2016) English (Original); Spanish (Original)

Counter-Memorial (April 8, 2016) English (Original); Spanish (Original)

Procedural Order No. 4 (July 1, 2016) English (Original); Spanish (Original)

Reply Memorial (August 5, 2016) English (Original); Spanish (Original)

Rejoinder Memorial (October 28, 2016) English (Original); Spanish (Original)

Procedural Order No. 5 (November 25, 2016) English (Original); Spanish (Original)

Transcripts Hearing Day 1 (December 5, 2016) English (Original); Spanish (Original)

Transcripts Hearing Day 2 (December 6, 2016) English (Original); Spanish (Original)

Transcripts Hearing Day 3 (December 7, 2016) English (Original); Spanish (Original)

Transcripts Hearing Day 4 (December 8, 2016) English (Original); Spanish (Original)

Transcripts Hearing Day 5 (December 9, 2016) English (Original); Spanish (Original)

Transcripts Hearing Day 6 (December 12, 2016) English (Original); Spanish (Original)

Transcripts Hearing Day 7 (February 7, 2017) English (Original); Spanish (Original)

Claimants' Post Hearing Brief (March 13, 2017) English (Original); Spanish (Original)

Respondent's Post-Hearing Brief (March 13, 2017) English (Original); Spanish (Original)

Award of the Tribunal (September 18, 2018) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
September 3, 2015 The Tribunal holds a first session in Washington, D.C.
September 10, 2015 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 27, 2015 The Claimants file a memorial on the merits.
December 24, 2015 The Respondent files a request to amend the procedural calendar.
January 15, 2016 The Claimants file observations on Respondent’s request to amend the procedural calendar.
January 19, 2016 The Respondent files a reply on the request to amend the procedural calendar.
January 25, 2016 The Claimants file a rejoinder on the request to amend the procedural calendar.
February 4, 2016 The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
April 5, 2016 The Tribunal issues Procedural Order No. 3 concerning transparency.
April 9, 2016 The Respondent files a counter-memorial on the merits.
June 17, 2016 Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
July 1, 2016 The Tribunal issues Procedural Order No. 4 concerning the parties’ requests for production of documents.
August 5, 2016 The Claimants file a reply on the merits.
October 28, 2016 The Respondent files a rejoinder on the merits.
November 22, 2016 The Tribunal holds a pre-hearing conference with the parties by telephone.
November 25, 2016 The Tribunal issues Procedural Order No. 5 concerning the organization of the hearings.
December 5, 2016 - December 12, 2016 The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
December 12, 2016 The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
December 28, 2016 The Respondent files observations on the Claimants’ request of December 12, 2016.
January 6, 2017 The Claimants file response to Respondent’s observations of December 28, 2016.
January 12, 2017 The Respondent files observations on the Claimants’ response of January 6, 2017.
January 18, 2017 The Tribunal decides on the admissibility of new evidence.
February 7, 2017 The Tribunal holds a hearing on the merits in Washington, D.C.
March 13, 2017 Each party files a post-hearing brief.
March 1, 2018

The Tribunal declares the proceeding closed in accordance with Article 31(1) of the UNCITRAL Arbitration Rules.

March 15, 2018

Each party files a submission on costs.
September 18, 2018

The Tribunal renders its award.