Case Details

OI European Group B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/25)

Proceeding Materials Procedural Details

  • Glass production enterprise
  • Other Industry
  • BIT Netherlands - Venezuela, Republica Bolivariana de 1991
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • OI European Group B.V. (Dutch)
    • Bolivarian Republic of Venezuela (Venezuelan)
    • September 26, 2011
    • March 30, 2012

      Composition of Tribunal

    • Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
    • Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
      Alexis MOURRE (French) - Appointed by the Respondent(s)

      Party Representatives

    • Escritorio Muci-Abraham & Asociados, Caracas, Venezuela
      Lucas Bastin, London, U.K.
      Volterra Fietta, London, U.K.
    • Procuraduría General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • March 10, 2015 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • July 17, 2015 (Respondent(s))
    • October 13, 2015

      Party Representatives

    • Escritorio Muci-Abraham & Asociados, Caracas, Venezuela
      Volterra Fietta, London, U.K.
    • Guglielmino & Asociados, Buenos Aires, Argentina
      Procuraduría General de la República, Caracas, Venezuela
    • English,Spanish
    • Concluded
    • December 6, 2018 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (March 10, 2015) Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Stay of Enforcement of the Award

Available on the ICSID Website

Decision on Stay of Enforcement of the Award (April 4, 2016) English (Original)

(a) Original Proceeding

Date Development
September 26, 2011 The Secretary-General registers a request for the institution of arbitration proceedings.
December 19, 2011 Following appointment by the Claimant, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator.
January 13, 2012 Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator.
March 29, 2012 Following appointment by the Chairman, Juan Fernández-Arnesto (Spanish) accepts his appointment as presiding arbitrator.
March 30, 2012 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Juan Fernández-Arnesto (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Francisco Orrego Vicuña (Chilean), appointed by the Claimant; and Alexis Mourre (French), appointed by the Respondent.
May 20, 2012 The Tribunal holds a first session in Paris.
August 1, 2012 The Claimant files a memorial on the merits.
November 30, 2012 The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5) and a request to address the objections to jurisdiction as a preliminary question.
December 14, 2012 The Claimant files observations on the Respondent's request of November 30, 2012.
January 2, 2013 The Tribunal issues a procedural order concerning the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) and the request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is not suspended.
March 29, 2013 The Claimant files a counter-memorial on jurisdiction.
The Respondent files a counter-memorial on the merits.
April 26, 2013

Each party files observations on the other party’s request for the Tribunal to decide on production of documents.
April 26, 2013

Each party files a request for the Tribunal to decide on production of documents.
May 17, 2013 The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 1, 2013

The Respondent files a reply on jurisdiction.
July 1, 2013

The Claimant files a reply on the merits.
July 5, 2013 The Claimant files a request for provisional measures.

The Claimant files a request for the Tribunal to decide on production of documents.
July 22, 2013 The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
August 6, 2013 The Tribunal issues Procedural Order No. 3 concerning production of documents.
August 23, 2013 The Claimant files a rejoinder on jurisdiction.
August 26, 2013 The Respondent files a rejoinder on the merits.
August 28, 2013 The Respondent files observations on the Claimant's request for provisional measures.
August 30, 2013 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
September 6, 2013 The Tribunal issues Procedural Order No. 4 concerning procedural matters.
September 16, 2013 - September 21, 2013 The Tribunal holds a hearing on provisional measures, jurisdiction and the merits in Paris.
September 30, 2013 The Tribunal issues Procedural Order No. 5 concerning the procedural calendar and procedural matters.
October 17, 2013 The parties file a written submission pursuant to Procedural Order No. 5.
November 25, 2013 Each party files a post-hearing brief.
November 26, 2013 The Tribunal issues a decision on provisional measures.
December 9, 2013 The Claimant files a statement of costs.

The Respondent files a submission on costs.
February 12, 2014 The Tribunal issues Procedural Order No. 6 concerning procedural matters.
February 21, 2014 The Claimant files a supplemental submission on costs.
March 4, 2015 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 10, 2015 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
July 17, 2015 The Secretary-General registers an application for annulment of the award filed by the Bolivarian Republic of Venezuela, and notifies the parties of the provisional stay of enforcement of the award.
October 13, 2015 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Álvaro Castellanos Howell (Guatemalan), President; Piero Bernardini (Italian); and David A. Pawlak (Irish/U.S.); all members appointed by the Chairman of the Administrative Council.
October 26, 2015 The Bolivarian Republic of Venezuela files a request to continue the stay of enforcement of the award.
November 12, 2015 OI European Group B.V. files observations on the Bolivarian Republic of Venezuela’s request to continue the stay of enforcement of the award.
November 25, 2015 The Bolivarian Republic of Venezuela files a response to OI European Group B.V.’s observations of November 12, 2015.
December 8, 2015 OI European Group B.V. files further observations on the Bolivarian Republic of Venezuela’s request to continue the stay of enforcement of the award.
December 9, 2015 The ad hoc Committee holds a first session by telephone conference.
December 15, 2015 The ad hoc Committee issues Procedural Order No. 1.
April 4, 2016 The ad hoc Committee issues a decision on the stay of enforcement.
April 7, 2016 The Bolivarian Republic of Venezuela files a memorial on annulment.
August 5, 2016 OI European Group B.V. files a counter-memorial on annulment.
September 24, 2016 The Bolivarian Republic of Venezuela files a reply on annulment.
September 28, 2016 The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
October 14, 2016 The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
April 4, 2017 The proceeding is resumed following payment of the required advances.
May 25, 2017 OI European Group B.V. files a rejoinder on annulment.
September 12, 2017 The ad hoc Committee issues Procedural Order No. 2.
September 26, 2017 - September 27, 2017 The ad hoc Committee holds a hearing on annulment in Washington, DC.
December 12, 2017

Each party files a submission on costs.
December 13, 2017

The Bolivarian Republic of Venezuela files a proposal for disqualification of ad hoc Committee member Álvaro Castellanos Howell. The proceeding is suspended in accordance with ICSID Arbitration Rules 53 and 9(6).
December 26, 2017

OI European Group B.V. files observations on the proposal for disqualification.
January 2, 2018

The member of the ad hoc Committee furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rules 53 and 9(3).
January 9, 2018

Each party files additional observations on the proposal for disqualification.
March 9, 2018

The proposal for disqualification of ad hoc Committee member Álvaro Castellanos Howell is declined by the other two members of the ad hoc Committee.  The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 9(6).
July 20, 2018

The Bolivarian Republic of Venezuela files a second request to stay enforcement of the award.
July 31, 2018

OI European Group B.V. files observations on the Bolivarian Republic of Venezuela’s second request to stay enforcement of the award.
September 7, 2018

Each party files an updated statement on costs.
September 24, 2018

The ad hoc Committee issues a second decision on the stay of enforcement of the award.
September 25, 2018

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
December 6, 2018

The ad hoc Committee issues its decision on annulment.