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)
-
Retail
-
Services & Trade
-
BIT Spain - Venezuela, Republica Bolivariana de 1995, BIT Netherlands - Venezuela, Republica Bolivariana de 1991, BIT Venezuela, Republica Bolivariana de - Belgium-Luxembourg 1998
-
ICSID Additional Facility - Arbitration Rules
-
Kimberly-Clark Dutch Holdings, B.V. (Dutch), Kimberly-Clark S.L.U. (Spanish), Kimberly-Clark BVBA (Belgian)
-
Bolivarian Republic of Venezuela (Venezuelan)
-
April 17, 2018
-
March 29, 2019
-
Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Chairman of the Administrative Council
-
David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Stephan SCHILL (German) - Appointed by the Chairman of the Administrative Council
-
David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
August 26, 2019: Gabrielle KAUFMANN-KOHLER (Swiss) appointed following the resignation of Stephan SCHILL (German)
-
Gibson, Dunn & Crutcher, Los Angeles, CA and New York, NY, U.S.A.
-
Procuraduría General de la República, Caracas, Venezuela
Alfredo De Jesús O. – Transnational Arbitration, Litigation & Business Law, Paris, France -
English,Spanish
-
Concluded
-
November 5, 2021 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(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. |