Case Details
Dominion Minerals Corp. v. Republic of Panama (ICSID Case No. ARB/16/13)
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Mining concession
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Oil, Gas & Mining
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BIT United States of America - Panama 1982
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ICSID Convention - Arbitration Rules
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Dominion Minerals Corp. (U.S.)
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Republic of Panama (Panamanian)
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April 15, 2016
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July 5, 2017
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Alfredo BULLARD (Peruvian) - Appointed by the Parties
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Charles PONCET (Swiss) - Appointed by the Claimant(s)
Alexis MOURRE (French) - Appointed by the Respondent(s) -
Winston & Strawn, London, U.K.
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Ministry of Economy and Finance of The Republic of Panama, Panama
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English,Spanish
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Concluded
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November 5, 2020 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Charles Poncet and additional declaration of President Alfredo Bullard and Arbitrator Alexis Mourre.
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Claimant(s)
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March 17, 2021 (Claimant(s))
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May 25, 2021
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Toby LANDAU (British)
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Winston & Strawn, London, U.K.
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Hogan Lovells US, Fl., U.S.A.
Ministry of Economy and Finance of The Republic of Panama, Panama -
English,Spanish
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Pending
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June 16, 2024 - The Republic of Panama submits a reply on Dominion Minerals Corp.’s request of May 27, 2024.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Annulment Proceeding
Published Decisions
Decision on Stay of Enforcement & Rule 41(5)
Available on the ICSID Website
Decision on Stay of Enforcement & Rule 41(5) (July 21, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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April 15, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
July 26, 2016 | Following appointment by the Claimant, Charles Poncet (Swiss) accepts his appointment as arbitrator. |
August 26, 2016 | Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator. |
July 5, 2017 | Following appointment by the parties, Alfredo Bullard (Peruvian) accepts his appointment as presiding arbitrator. |
July 5, 2017 | The Tribunal is constituted in accordance with the parties’ agreement of May 12, 2017. Its members are: Alfredo Bullard (Peruvian), President, appointed by agreement of the parties; Charles Poncet (Swiss), appointed by the Claimant; and Alexis Mourre (French), appointed by the Respondent. |
August 8, 2017 | The Tribunal holds a first session by telephone conference. |
September 5, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
November 27, 2017 | The Respondent files a request for security for costs. |
December 1, 2017 | The Claimant files a memorial on the merits. |
December 22, 2017 | The Claimant files observations on the Respondent’s request for security for costs. |
January 12, 2018 | The Respondent files a reply on the Claimant’s observations of December 22, 2017. |
February 2, 2018 | The Claimant files a rejoinder on Respondent’s application for security for costs of November 27, 2017. |
February 21, 2018 | The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request for security for costs. |
March 8, 2018 | The Respondents files a counter-memorial on the merits and a memorial on jurisdiction. |
March 23, 2018 | The Tribunal issues Procedural Order No. 3 amending Procedural Order No. 1. |
May 7, 2018 | The Claimant files a counter-memorial on jurisdiction. |
May 18, 2018 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
May 25, 2018 | Each party files a request for the Tribunal to decide on production of documents. |
June 12, 2018 | Each party files observations on the other party’s request for the Tribunal to decide on production of documents. |
June 15, 2018 | The Tribunal issues Procedural Order No. 5 concerning the procedural calendar. |
July 24, 2018 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
July 30, 2018 | The Tribunal issues Procedural Order No. 7 concerning the procedural calendar. |
August 7, 2018 | The Respondent files a request for the Tribunal to decide on disclosure of submissions to a third party. |
August 16, 2018 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on disclosure of submissions to a third party. |
August 21, 2018 | The Respondent files further observations on its request for the Tribunal to decide on disclosure of submissions to a third party. |
August 28, 2018 | The Claimant files further observations on the Respondent’s request for the Tribunal to decide on disclosure of submissions to a third party. |
September 7, 2018 | The Tribunal issues Procedural Order No. 8 concerning the Respondent’s request for the Tribunal to decide on disclosure of submissions to a third party. |
November 15, 2018 | The Tribunal issues Procedural Order No. 9 concerning the procedural calendar. |
November 29, 2018 | The Claimant files a reply on the merits. |
February 7, 2019 | The Tribunal issues Procedural Order No. 10 concerning the procedural calendar. |
March 7, 2019 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
April 29, 2019 | The Tribunal issues Procedural Order No. 11 concerning the procedural calendar. |
May 3, 2019 | The Claimant files a rejoinder on jurisdiction. |
May 22, 2019 | The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing. |
May 28, 2019 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
May 29, 2019 | The Respondent files observations on the Claimant’s request for the Tribunal to decide on the admissibility of new evidence. |
May 31, 2019 | The Tribunal decides on the Claimant’s request of May 28, 2019. |
May 31, 2019 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
June 1, 2019 | The Respondent files observations on the Claimant’s request for the Tribunal to decide on the admissibility of new evidence. |
June 3, 2019 | The Tribunal decides on the Claimant’s request of May 31, 2019. |
June 3, 2019 - June 13, 2019 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
June 27, 2019 | The Tribunal issues Procedural Order No. 13 concerning procedural matters. |
July 16, 2019 | The Tribunal issues Procedural Order No. 14 concerning procedural matters. |
August 15, 2019 | The Tribunal issues Procedural Order No. 15 concerning the procedural calendar. |
September 13, 2019 | The Tribunal issues Procedural Order No. 16 concerning the procedural calendar. |
September 27, 2019 | Each party files a post-hearing brief. |
October 15, 2019 | The Tribunal issues Procedural Order No. 17 concerning the organization of the hearing. |
October 16, 2019 | The Respondent files a request for the exclusion of evidence. |
October 17, 2019 | The Claimant files observations on the Respondent’s request for the exclusion of evidence. |
October 21, 2019 | The Respondent files observations on its request for the exclusion of evidence. |
October 22, 2019 | The Claimant files further observations on the Respondent’s request for the exclusion of evidence. |
October 25, 2019 | The Tribunal issues a decision concerning the Respondent’s request for the exclusion of evidence |
October 28, 2019 | The Tribunal holds a hearing in Paris. |
November 15, 2019 | The Tribunal issues Procedural Order No. 18 concerning the procedural calendar. |
January 16, 2020 | The Tribunal issues Procedural Order No. 19 concerning the procedural calendar. |
January 22, 2020 | Each party files a submission on costs. |
October 28, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 5, 2020 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Charles Poncet and additional declaration of President Alfredo Bullard and Arbitrator Alexis Mourre. |
(b) Annulment Proceeding
Date | Development |
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March 17, 2021 | The Secretary-General registers an application for partial annulment of the award filed by Dominion Minerals Corp. |
May 25, 2021 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Toby Landau (British), President; Loretta Malintoppi (Italian); and Dyalá Jiménez Figueres (Costa Rican); all members appointed by the Chairman of the Administrative Council. |
June 24, 2021 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5) and a request for the stay of enforcement of the award. |
July 9, 2021 | The Claimant files observations on the Respondent’s request for the stay of enforcement of the award. |
July 29, 2021 | The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
February 23, 2022 | The ad hoc Committee holds a first session by videoconference. |
February 28, 2022 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
March 10, 2022 | The Republic of Panama files a reply on Dominion Minerals’ Corp. observations of July 29, 2021. |
March 25, 2022 | Dominion Minerals Corp. files a rejoinder to Panama’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
May 31, 2022 | Dominion Minerals Corp. files a memorial on partial annulment. |
July 21, 2022 | The ad hoc Committee issues a decision on the stay of enforcement of the award and a decision on the Republic of Panama’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
August 29, 2022 | The Republic of Panama files a counter-memorial on partial annulment. |
October 21, 2022 | Dominion Minerals Corp. files a reply on partial annulment. |
December 20, 2022 | The Republic of Panama files a rejoinder on partial annulment. |
January 31, 2023 | The proceeding is suspended pursuant to the parties’ agreement. |
May 27, 2024 | Dominion Minerals Corp. files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 44 and 53. |
June 16, 2024 | The Republic of Panama submits a reply on Dominion Minerals Corp.’s request of May 27, 2024. |