Case Details

Crystallex International Corporation v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/2)

Subject of Dispute:

Mining company
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Canada - Venezuela, Republica Bolivariana de 1996
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Crystallex International Corporation (Canadian)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

March 9, 2011
Date of Constitution of Tribunal:

October 5, 2011

Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
Arbitrators:

John Y. GOTANDA (U.S.) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss)
Arbitrators:

John Y. GOTANDA (U.S.)
Florentino P. FELICIANO (Philippine)
Reconstituted:

December 19, 2013: Laurence BOISSON DE CHAZOURNES (Swiss ,French) appointed following the resignation of Florentino P. FELICIANO (Philippine)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Hughes Hubbard & Reed, New York, NY, U.S.A.
Travieso Evans Arria Rengel & Paz, Caracas, Venezuela
Wallis & Guerrero, Caracas Venezuela
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Procuraduría General de la República, Caracas, Venezuela
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 4, 2016 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;Spanish;)

(a) Original Proceeding

Date	Development
March 9, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
June 14, 2011	Following appointment by the Claimant, John Y. Gotanda (U.S.) accepts his appointment as arbitrator.
June 15, 2011	Following appointment by the Respondent, Florentino P. Feliciano (Philippine) accepts his appointment as arbitrator.
October 4, 2011	Following appointment by the parties, Laurent Lévy (Brazilian/Swiss) accepts his appointment as presiding arbitrator.
October 5, 2011	The Tribunal is constituted in accordance with Article 9 of the ICSID Arbitration (Additional Facility) Rules. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; John Y. Gotanda (U.S.), appointed by the Claimant; and Florentino P. Feliciano (Philippine), appointed by the Respondent.
December 1, 2011	The Tribunal holds a first session in Washington, D.C.
February 10, 2012	The Claimant files a memorial on the merits.
April 2, 2012	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 23, 2012	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
April 26, 2012	The Respondent files further observations on its request to address the objections to jurisdiction as a preliminary question.
May 2, 2012	The Claimant files further observations on the request to address the objections to jurisdiction as a preliminary question.
May 23, 2012	The Tribunal issues a decision on the Respondent's request to address the objections to jurisdiction as a preliminary question.
September 4, 2012	The Claimant files a request for the Tribunal to decide on production of documents.
September 24, 2012	The Tribunal issues Procedural Order No. 1 concerning production of documents.
November 5, 2012	The Respondent files a request for the Tribunal to decide on production of documents.
November 12, 2012	The Tribunal issues Procedural Order No. 2 concerning production of documents.
November 21, 2012	The Respondent files a counter-memorial on jurisdiction and the merits.
December 28, 2012	The Tribunal issues Procedural Order No. 3 concerning production of documents.
February 11, 2013	The Respondent files a request for the Tribunal to decide on production of documents.
February 18, 2013	The Tribunal issues Procedural Order No. 4 concerning production of documents.
May 10, 2013	The Claimant files a reply on jurisdiction and the merits.
September 18, 2013	The Respondent files a rejoinder on jurisdiction and the merits.
September 27, 2013	The Claimant files a request for the Tribunal to decide on production of documents.
October 4, 2013	The Tribunal issues Procedural Order No. 5 concerning production of documents.
October 17, 2013	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 23, 2013	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
November 11, 2013 - November 18, 2013	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
November 18, 2013	The Respondent files a proposal for disqualification of arbitrator Florentino Feliciano. The proceeding is suspended in accordance with Article 15(7) of Arbitration (Additional Facility) Rules.
November 28, 2013	The Claimant files observations on the proposal for disqualification.
December 11, 2013	Following the resignation of arbitrator Florentino Feliciano, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to Article 16(1) of the ICSID Arbitration (Additional Facility) Rules. The Tribunal consents to the resignation of arbitrator Florentino Feliciano pursuant to Article 14(3) of the ICSID Arbitration (Additional Facility) Rules and the Secretary-General notifies the parties thereof.
December 19, 2013	Following the resignation of arbitrator Florentino Feliciano, Laurence Boisson de Chazournes (French) accepts her appointment as arbitrator, appointed by Respondent in accordance with Article 17(1) of the ICSID Arbitration (Additional Facility) Rules. The Tribunal is reconstituted. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; John Y. Gotanda (U.S.), appointed by the Claimant and Laurence Boisson de Chazournes (French) appointed by the Respondent in accordance with Article 17(1) of the ICSID Arbitration (Additional Facility) Rules. The proceeding is resumed pursuant to Article 18 of the ICSID Arbitration (Additional Facility) Rules.
February 16, 2014 - February 19, 2014	The Tribunal holds the continuation of a hearing on jurisdiction and merits in Washington, D.C.
May 12, 2014	Each party files a post-hearing brief.
September 12, 2014	The Claimant files a post-hearing submission on quantum.
October 31, 2014	The Respondent files a post-hearing submission on quantum.
November 22, 2014	The Tribunal holds a hearing on quantum in Paris.
January 23, 2015	Each party files a submission on costs.
December 24, 2015	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the ICSID Arbitration (Additional Facility) Rules.
April 4, 2016	The Tribunal renders its award.