Case Details

Kimberly-Clark Dutch Holdings, B.V., Kimberly-Clark S.L.U., and Kimberly-Clark BVBA v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/18/3)

Subject of Dispute:

Retail
Economic Sector:

Services & Trade
Instrument(s) Invoked:

BIT Spain - Venezuela, Republica Bolivariana de 1995, BIT Netherlands - Venezuela, Republica Bolivariana de 1991, BIT Venezuela, Republica Bolivariana de - Belgium-Luxembourg 1998
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Kimberly-Clark Dutch Holdings, B.V. (Dutch), Kimberly-Clark S.L.U. (Spanish), Kimberly-Clark BVBA (Belgian)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

April 17, 2018
Date of Constitution of Tribunal:

March 29, 2019

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Chairman of the Administrative Council
Arbitrators:

David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Stephan SCHILL (German) - Appointed by the Chairman of the Administrative Council
Arbitrators:

David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)
Reconstituted:

August 26, 2019: Gabrielle KAUFMANN-KOHLER (Swiss) appointed following the resignation of Stephan SCHILL (German)

Party Representatives

Claimant(s):

Gibson, Dunn & Crutcher, Los Angeles, CA and New York, NY, U.S.A.
Respondent(s):

Procuraduría General de la República, Caracas, Venezuela
Alfredo De Jesús O. – Transnational Arbitration, Litigation & Business Law, Paris, France
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 5, 2021 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (November 5, 2021) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
April 17, 2018	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 22, 2018	Following appointment by the Claimants, David R. Haigh (Canadian) accepts his appointment as arbitrator.
July 12, 2018	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
March 28, 2019	Following appointment by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility) Rules, Stephan Schill (German) accepts his appointment as presiding arbitrator.
March 29, 2019	The Tribunal is constituted in accordance with Article 10 of the Arbitration (Additional Facility) Rules. Its members are: Stephan Schill (German), President, appointed by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility) Rules; David Haigh (Canadian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
April 25, 2019	The Respondent files a proposal for disqualification of arbitrator Stephan Schill. The proceeding is suspended in accordance with ICSID Arbitration (Additional Facility) Article 15(1).
August 1, 2019	Following the resignation of arbitrator Stephan Schill, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to Article 16(2) of the Arbitration (Additional Facility) Rules.
August 26, 2019	Following the resignation of Stephan Schill (German), Gabrielle Kaufmann-Kohler (Swiss), appointed by the Chairman of the ICSID Administrative Council, accepts her appointment as presiding arbitrator in accordance to Article 17 of the Arbitration (Additional Facility) Rules.
August 26, 2019	The Tribunal is reconstituted. Its members are Gabrielle Kaufmann-Kohler (Swiss), President, appointed by the Chairman of the ICSID Administrative Council; David Haigh (Canadian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent. The proceeding is resumed pursuant to Article 18 of the Arbitration (Additional Facility) Rules.
September 25, 2019	The Tribunal holds a first session by telephone conference.
October 15, 2019	The Tribunal issues a procedural order.
November 5, 2019	The Tribunal holds a preliminary procedural consultation by telephone conference.
November 18, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 24, 2020	The Claimants file a memorial on jurisdiction, merits and quantum.
March 6, 2020	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 26, 2020	The Tribunal confirms the parties' agreement to bifurcate the proceeding and suspend the merits. The Tribunal decides on a procedural calendar.
May 22, 2020	The Claimants file a counter-memorial on jurisdiction.
July 16, 2020	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing.
July 31, 2020	The Claimants file a rejoinder on jurisdiction.
August 20, 2020	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
August 27, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
August 31, 2020 - September 1, 2020	The Tribunal holds a hearing on jurisdiction by video conference.
September 3, 2020	The Tribunal issues Procedural Order No. 4 concerning post-hearing procedural matters.
October 2, 2020	Each party files a submission on costs.
November 5, 2021	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the Arbitration (Additional Facility) Rules.
November 5, 2021	The Tribunal renders its award.