Case Details
Michael Anthony Lee-Chin v. Dominican Republic (ICSID Case No. UNCT/18/3)
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Waste management services
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Other Industry
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CARICOM - Dominican Republic Free Trade Agreement - 2002
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UNCITRAL
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Michael Anthony Lee-Chin (Jamaican)
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Dominican Republic (Dominican)
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Diego P. FERNÁNDEZ ARROYO (Argentine, Spanish) - Appointed by Co-Arbitrators
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Christian LEATHLEY (British) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s) -
Hogan Lovells US, Miami, FL, U.S.A.
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Ministerio de Industria, Comercio y Pymes, Santo Domingo, República Dominicana
Ministerio de Medio Ambiente y Recursos Naturales, Santo Domingo, República Dominicana
Curtis Mallet-Prevost, Colt & Mosle, Washington, D.C., U.S.A. -
English,Spanish
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Concluded
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October 6, 2023 - The Tribunal renders its final award; attached to the final award is a dissenting opinion by arbitrator Marcelo Kohen.
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Respondent(s)
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Concluded
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February 29, 2024 - The Tribunal issues a decision on the Respondent’s rectification request.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Rectification Proceeding
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Procedural Order No. 1 – Annex A (revised)
Procedural Order No. 2
Procedural Order No. 3
Partial Award on Jurisdiction
Procedural Order No. 4
Procedural Order No. 4 – Annex A (revised)
Procedural Order No. 5
Annex A to Procedural Order No. 5
Annex B to Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Procedural Order No. 8
Procedural Order No. 9
Hearing on Jurisdiction, Liability, and Quantum - Day 1 - English (January 24, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 1 - Spanish (January 24, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 2 - English (January 25, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 2 - Spanish (January 25, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 3 - English (January 26, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 3 - Spanish (January 26, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 4 - English (January 27, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 4 - Spanish (January 27, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 5 - English (January 28, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 5 - Spanish (January 28, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 6 - English (January 29, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 6 - Spanish (January 29, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 7 - English (January 30, 2022)
Hearing on Jurisdiction, Liability, and Quantum - Day 7 - Spanish (January 30, 2022)
Procedural Order No. 10
Procedural Order No. 11
Final Award
Decision on Request for Rectification
Available on the ICSID Website
Procedural Order No. 1 (October 23, 2018) English (Original); Spanish (Original)
Procedural Order No. 1 – Annex A (revised) (November 5, 2018) English (Original); Spanish (Original)
Procedural Order No. 2 (March 6, 2019) Spanish (Original)
Procedural Order No. 3 (February 11, 2020) English (Original)
Partial Award on Jurisdiction (July 15, 2020) English (Original); Spanish (Original)
Procedural Order No. 4 (July 29, 2020) English (Original)
Procedural Order No. 4 – Annex A (revised) (August 18, 2020) English (Original)
Procedural Order No. 5 (February 18, 2021) English (Original)
Annex A to Procedural Order No. 5 (February 18, 2021) English (Original)
Annex B to Procedural Order No. 5 (February 18, 2021) Spanish (Original)
Procedural Order No. 6 (October 28, 2021) Spanish (Original)
Procedural Order No. 7 (November 3, 2021) English (Original)
Procedural Order No. 8 (December 20, 2021) English (Original)
Procedural Order No. 9 (January 20, 2022) Spanish (Original)
Procedural Order No. 10 (February 14, 2022) Spanish (Original)
Procedural Order No. 11 (March 15, 2022) English (Original)
Final Award (October 6, 2023) English (Original); Spanish (Original)
Decision on Request for Rectification (February 29, 2024) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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August 7, 2018 | The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (1976). Its members are: Diego P. Fernández Arroyo (Spanish/Argentine), President, appointed by the co-arbitrators; Christian Leathley (British), appointed by the Claimant; and Marcelo Kohen (Argentine), appointed by the Respondent. |
September 25, 2018 | The Tribunal holds a preliminary procedural meeting by conference call. |
October 23, 2018 | The Tribunal issues Procedural Order No. 1. |
January 18, 2019 | The Claimant files a statement of claim. |
February 4, 2019 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
February 19, 2019 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
March 6, 2019 | The Tribunal issues Procedural Order No. 2 on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
May 6, 2019 | The Respondent files a memorial on jurisdiction. |
July 3, 2019 | The Claimant files a counter-memorial on jurisdiction. |
August 5, 2019 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
August 19, 2019 | The Tribunal decides on production of documents. |
October 21, 2019 | The Respondent files a reply on jurisdiction. |
December 12, 2019 | The Claimant files a rejoinder on jurisdiction. |
January 28, 2020 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
January 31, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
February 6, 2020 | The Claimant files observations on the Respondent’s request of January 31, 2020. |
February 11, 2020 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
February 27, 2020 - February 28, 2020 | The Tribunal holds a hearing on jurisdiction in Washington, D.C. |
July 15, 2020 | The Tribunal renders its partial award on jurisdiction; attached to the partial award is a dissenting opinion by arbitrator Marcelo Kohen. |
July 29, 2020 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
August 12, 2020 | The Respondent files a request for the Tribunal to decide on production of documents. |
August 20, 2020 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
September 1, 2020 | The Tribunal decides on production of documents. |
December 14, 2020 | The Respondent files a memorial on additional jurisdictional and admissibility objections, and a counter-memorial on the merits. |
February 18, 2021 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
April 13, 2021 | The Claimant files a counter-memorial on additional jurisdictional and admissibility objections, and a reply on the merits. |
August 11, 2021 | The Respondent files a reply on additional jurisdictional and admissibility objections, and a rejoinder on the merits. |
October 12, 2021 | The Claimant files a rejoinder on additional jurisdictional and admissibility objections. |
October 28, 2021 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
November 3, 2021 | The Tribunal issues Procedural Order No. 7 concerning the admissibility of new evidence. |
December 14, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
December 20, 2021 | The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing. |
January 20, 2022 | The Tribunal issues Procedural Order No. 9 concerning the admissibility of new evidence. |
January 24, 2022 - January 30, 2022 | The Tribunal holds a hearing on jurisdiction, liability, and quantum by video conference. |
February 14, 2022 | The Tribunal issues Procedural Order No. 10 concerning production of documents. |
March 15, 2022 | The Tribunal issues Procedural Order No. 11 concerning procedural matters. |
March 28, 2022 | Each party files a post-hearing brief. |
April 18, 2022 | Each party files a statement of costs. |
October 6, 2023 | The Tribunal renders its final award; attached to the final award is a dissenting opinion by arbitrator Marcelo Kohen. |
(b) Rectification Proceeding
Date | Development | |
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November 6, 2023 | The Respondent files a request for rectification of the award pursuant to Article 36(1) of the UNCITRAL Arbitration Rules (1976). |
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November 28, 2023 | The Claimant files observations on the Respondent’s request for rectification. |
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December 4, 2023 | The Respondent files a reply to the Claimant’s observations of November 28, 2023. |
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December 8, 2023 |
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January 8, 2024 | Each party files a statement of costs. |
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February 29, 2024 | The Tribunal issues a decision on the Respondent’s rectification request. |