Case Details

Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

CAFTA-DR (Dominican Republic-Central America Free Trade Agreement), Investment Law - El Salvador (1999)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Pac Rim Cayman LLC (U.S.)
Respondent(s):

Republic of El Salvador (Salvadoran)
Date Registered:

June 15, 2009
Date of Constitution of Tribunal:

November 18, 2009

Composition of Tribunal

President:

V.V. VEEDER (British) - Appointed by the Parties
Arbitrators:

Brigitte STERN (French) - Appointed by the Respondent(s)
Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C., U.S.A.
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 14, 2016 - The Tribunal renders its award.

(b) Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

December 1, 2016

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C., U.S.A.
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 28, 2017 - The Tribunal issues its decision on the request for supplementary decision.

(a) Original Proceeding

Published Decisions

Respondent's Preliminary Objections

Claimant's Response to Respondent's Preliminary Objections

Expert Opinion on the International Legal Interpretation of the Waiver Provision in CAFTA Chapter 10

Respondent's Reply on Preliminary Objections

Claimant Rejoinder on Preliminary Objections

Expert Opinion of Professor Don Wallace, Jr.

Decision on the Respondent's Preliminary Objections

Objection to Jurisdiction

Respondent's Memorial on Objections to Jurisdiction

Claimant's Counter-memorial on Jurisdiction

Witness Statement of Steven K. Krause

Witness Statement of Thomas C. Shrake

Respondent's Reply on Jurisdiction

Invitation for Non-Disputing Parties to File Submission as amicus curiae

Claimant's Rejoinder on Jurisdiction

Application for Permission to Proceed as amicus curiae

Witness Statement of Charles Pasfield

Witness Statement of Luis Alberto Parada

Claimant's Letter to Tribunal re amicus curiae

Respondent's Letter to Tribunal re amicus curiae

Procedural Order on Amicus Curiae

Hearing on Jurisdiction - Day 1

Hearing on Jurisdiction - Day 2

Hearing on Jurisdiction - Day 3

Submission of the United States of America

Submission of amicus curiae Brief

Submission of Costa Rica

Decision on Jurisdiction

Respondent's Post-Hearing Brief

Claimant's Post-Hearing Submission on Respondent's Objection to Jusrisdiction

Hearing on Objections to Jurisdiction (May 2, 2011)

Available on the ICSID Website

Respondent's Preliminary Objections (January 4, 2010) English (Original); Spanish (Original)

Claimant's Response to Respondent's Preliminary Objections (February 26, 2010) English (Original)

Expert Opinion on the International Legal Interpretation of the Waiver Provision in CAFTA Chapter 10 (March 22, 2010) English (Original)

Respondent's Reply on Preliminary Objections (March 31, 2010) English (Original)

Claimant Rejoinder on Preliminary Objections (May 12, 2010) English (Original)

Expert Opinion of Professor Don Wallace, Jr. (May 12, 2010) English (Original)

Decision on the Respondent's Preliminary Objections (August 2, 2010) English (Original)

Objection to Jurisdiction (August 3, 2010) English (Original); Spanish (Original)

Respondent's Memorial on Objections to Jurisdiction (October 15, 2010) English (Original)

Claimant's Counter-memorial on Jurisdiction (December 31, 2010) English (Original)

Witness Statement of Steven K. Krause (December 31, 2010) English (Original)

Witness Statement of Thomas C. Shrake (December 31, 2010) English (Original)

Respondent's Reply on Jurisdiction (January 31, 2011) English (Original)

Invitation for Non-Disputing Parties to File Submission as amicus curiae (February 2, 2011) English (Original)

Claimant's Rejoinder on Jurisdiction (March 2, 2011) English (Original)

Application for Permission to Proceed as amicus curiae (March 2, 2011) English (Original); Spanish (Original)

Witness Statement of Charles Pasfield (March 2, 2011) English (Original)

Witness Statement of Luis Alberto Parada (March 14, 2011) English (Original)

Claimant's Letter to Tribunal re amicus curiae (March 18, 2011) English (Original)

Respondent's Letter to Tribunal re amicus curiae (March 18, 2011) English (Original)

Procedural Order on Amicus Curiae (March 23, 2011) English (Original)

Hearing on Jurisdiction - Day 1 (May 2, 2011) English (Original); Spanish (Original)

Hearing on Jurisdiction - Day 2 (May 3, 2011) English (Original); Spanish (Original)

Hearing on Jurisdiction - Day 3 (May 4, 2011) English (Original); Spanish (Original)

Submission of the United States of America (May 20, 2011) English (Original)

Submission of amicus curiae Brief (May 20, 2011) English (Original)

Submission of Costa Rica (May 20, 2011) English (Original); Spanish (Original)

Decision on Jurisdiction (June 1, 2012) English (Original)

Respondent's Post-Hearing Brief (June 10, 2011) English (Original)

Claimant's Post-Hearing Submission on Respondent's Objection to Jusrisdiction (June 10, 2011) English (Original)

(a) Original Proceeding

Date	Development
June 15, 2009	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
November 18, 2009	The Tribunal is constituted. Its members are: V.V. Veeder (British), President; Brigitte Stern (French); Guido Santiago Tawil (Argentine).
January 4, 2010	The Respondent files preliminary objections.
February 26, 2010	The Claimant files a response on preliminary objections.
March 31, 2010	The Respondent files a reply on preliminary objections.
May 12, 2010	The Claimant files a rejoinder on preliminary objections.
May 31, 2010 - June 1, 2010	The Tribunal holds a hearing on the Respondent's preliminary objections in Washington, D.C.
June 10, 2010	The Tribunal issues Procedural Oder No. 1 concerning Amicus Curiae submissions on preliminary objections.
August 2, 2010	The Tribunal issues a decision on the Respondent's preliminary objections pursuant to CAFTA Article 10.20.4 and 10.20.5.
September 3, 2010	The Respondent files a request for production of documents.
September 13, 2010	The Claimant files observations on the Respondent’s request for production of documents.
September 27, 2010	The Tribunal issues Procedural Order No. 2 concerning production of documents.
October 15, 2010	The Respondent files a memorial on jurisdiction.
December 31, 2010	The Claimant files a request for production of documents. The Claimant files a counter-memorial on jurisdiction.
January 26, 2011	The Tribunal issues Procedural Order No. 3 concerning production of documents.
January 31, 2011	The Respondent files a reply on jurisdiction.
February 2, 2011	The Tribunal issues Procedural Order No. 4 inviting non-disputing parties to file written submissions pursuant CAFTA Article 10.20.3 and ICSID Arbitration Rule 37(2).
February 12, 2011	The Respondent files a request for production of documents.
February 22, 2011	The Claimant files observations on the Respondent’s request for production of documents.
March 2, 2011	The Claimant files a rejoinder on jurisdiction.
March 12, 2011	A non-disputing party applies to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 12, 2011	The Tribunal issues Procedural Order No. 5 concerning production of documents.
March 14, 2011	The Claimant files a request for production of documents.
March 17, 2011	The Respondent files observations on the Claimant’s request of March 14, 2011, and files a request for admissibility of new evidence.
March 23, 2011	The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence.
March 23, 2011	The Tribunal issues Procedural Order No. 8 concerning a non-disputing party submission.
March 23, 2011	The Claimant files a response to the Respondent’s observations of March 17, 2011.
March 23, 2011	The Tribunal issues Procedural Order No. 7 concerning production of documents.
March 31, 2011	The Tribunal issues Procedural Order No. 9 concerning production of documents.
April 28, 2011	The Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence.
May 2, 2011 - May 4, 2011	The Tribunal holds a hearing on objections to jurisdiction in Washington, D.C.
May 20, 2011	The United States of America and the Republic of Costa Rica each file a written submission as a non-disputing party pursuant to CAFTA Article 10.20.2. A non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
June 10, 2011	Each party files a post-hearing brief and a statement of costs.
June 24, 2011	Each party files observations on the other party’s statement of costs.
June 1, 2012	The Tribunal issues a decision on jurisdiction.
March 29, 2013	The Claimant files a memorial on the merits and quantum.
November 22, 2013	The Tribunal holds an organizational meeting with the parties by telephone conference.
January 10, 2014	The Respondent files a counter-memorial on the merits.
January 31, 2014	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
February 7, 2014	The Tribunal issues Procedural Order No. 11 concerning production of documents.
April 12, 2014	The Claimant files a reply on the merits and quantum.
April 18, 2014	The Respondent files a renewed request for the Tribunal to decide on production of documents.
April 28, 2014	The Claimant files observations on the Respondent's renewed request for the Tribunal to decide on production of documents.
June 3, 2014	The Respondent files a response to the Claimant's observations of April 28, 2014.
June 11, 2014	The Respondent files a rejoinder on the merits. The Tribunal issues Procedural Order No. 12 concerning production of documents.
July 25, 2014	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 31, 2014	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
September 2, 2014	Each party files observations on the non-disputing party’s application.
September 15, 2014 - September 22, 2014	The Tribunal holds a hearing on the merits in Washington, D.C.
November 21, 2014	Each party files a post-hearing brief. Each party files a submission on costs.
December 5, 2014	Each party files observations on the other party’s submission on costs.
September 1, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 14, 2016	The Tribunal renders its award.

(b) Supplementary Decision Proceeding

Date	Development
December 1, 2016	The Secretary-General registers a request for supplementary decision of the award filed by the Republic of El Salvador.
December 5, 2016	The Claimant files observations on the Respondent’s request for a supplementary decision.
December 19, 2016	The Respondent files a response to the Claimant’s observations of December 5, 2016.
December 31, 2016	The Claimant files further observations on the Respondent’s request for a supplementary decision.
March 28, 2017	The Tribunal issues its decision on the request for supplementary decision.