Case Details

Sacyr S.A. v. Republic of Panama (ICSID Case No. UNCT/18/6)

Subject of Dispute:

Engineering and construction Services
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Panama - Spain 1997
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Sacyr S.A. (Spanish)
Respondent(s):

Republic of Panama (Panamanian)

Composition of Tribunal

President:

John BEECHEY (British) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Three Crowns, London, U.K. and Paris, France
Respondent(s):

Ministry of Economy and Finances, Panama, Republic of Panama
Foley Hoag, Washington D.C., U.S.A.
Arnold & Porter, Washington, D.C., U.S.A.
Status of Proceeding:

Pending
Latest Development:

March 1, 2024 - The Tribunal issues a decision on the Respondent’s request to address quantum in a separate phase of the proceeding.

No References Available.

(a) Original Proceeding

Date	Development
January 7, 2019	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
January 8, 2019	Following appointment by the Claimant, Horacio Grigera-Naon (Argentine) accepts his appointment as arbitrator.
May 9, 2019	Following appointment by agreement of the parties, John Beechey (British) accepts his appointment as presiding arbitrator.
May 9, 2019	The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (1976). Its members are: John Beechey (British), President, appointed by agreement of the parties; Horacio Grigera-Naon (Argentine), appointed by the Claimant; and Zachary Douglas (Australian), appointed by the Respondent.
September 10, 2019	The Tribunal issues the Terms of Appointment and Procedural Order No. 1 concerning procedural matters.
October 25, 2019	The Claimant files its initial submission on jurisdiction and admissibility.
January 17, 2020	The Respondent files its memorial on jurisdiction and admissibility.
April 17, 2020	The Claimant files its counter-memorial on jurisdiction and admissibility
September 8, 2020	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
September 25, 2020	The Tribunal issues Procedural Order No. 2 concerning production of documents.
October 2, 2020	The Respondent files a reply on jurisdiction and admissibility.
December 24, 2020	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
January 15, 2021	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
January 27, 2021	The Tribunal issues Procedural Order No. 3 regarding production of documents.
March 5, 2021	The Claimant files its rejoinder on jurisdiction and admissibility.
June 1, 2021	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
June 2, 2021	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
September 20, 2021 - September 22, 2021	The Tribunal holds a hearing on jurisdiction by video conference.
January 29, 2022	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
February 3, 2022	The Tribunal issues a decision on a preliminary issue.
September 30, 2022	The Claimant files a memorial on the merits.
April 28, 2023	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction and admissibility.
July 25, 2023	The Tribunal issues Procedural Order No. 7 concerning production of documents.
August 21, 2023	The Tribunal issues Procedural Order No. 8 concerning production of documents.
December 6, 2023	The Tribunal issues Procedural Order No. 9 concerning production of documents.
December 15, 2023	The Tribunal issues Procedural Order No. 10 concerning production of documents.
December 23, 2023	The Tribunal issues Procedural Order No. 11 concerning production of documents.
January 14, 2024	The Claimant files a reply on the merits and a counter-memorial on jurisdiction and admissibility.
February 21, 2024	The Respondent files a request to address quantum in a separate phase of the proceeding.
February 28, 2024	The Claimant files observations on the request to address quantum in a separate phase of the proceeding.
February 29, 2024	The Respondent files a response to the Claimant’s observations of February 28, 2024.
March 1, 2024	The Tribunal issues a decision on the Respondent’s request to address quantum in a separate phase of the proceeding.