Case Details

SAUR International S.A. v. Argentine Republic (ICSID Case No. ARB/04/4)

Subject of Dispute:

Water and sewer services concession agreement
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT France - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

SAUR International S.A. (French)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

January 27, 2004
Date of Constitution of Tribunal:

September 3, 2004

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Christian TOMUSCHAT (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Latham & Watkins, Paris, France
Quinn Emanuel Urquhart & Sullivan, Paris, France
Shearman & Sterling, Paris, France
Respondent(s):

Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
Language(s) of Proceeding:

French,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 22, 2014 - The Tribunal decides on the Respondent's request to reopen the proceeding.

The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

September 22, 2014 (Respondent(s))
Date of Constitution of ad hoc Committee:

January 7, 2015

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Eduardo ZULETA (Colombian)
Members:

Álvaro Rodrigo CASTELLANOS HOWELL (Guatemalan)
Abdulqawi Ahmed YUSUF (Somali)

Party Representatives

Claimant(s):

Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
Respondent(s):

Shearman & Sterling, Paris, France
Language(s) of Proceeding:

French,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 19, 2016 - The ad hoc Committee issues its decision on annulment.

(a) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (December 19, 2016) French (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
January 27, 2004	The Secretary-General registers a request for the institution of arbitration proceedings.
September 3, 2004	The Tribunal is constituted. Its members are: Juan Fernández-Armesto (Spanish), President; Bernard Hanotiau (Belgian); and Christian Tomuschat (German).
November 13, 2004	The Tribunal holds its first session in Washington, D.C.
March 2, 2005	The Respondent files its memorial on jurisdiction.
June 6, 2005	The Claimant files its counter-memorial on jurisdiction.
November 10, 2005	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
February 27, 2006	The Tribunal issues a decision on jurisdiction.
March 10, 2006	The Tribunal issues a procedural order concerning the continuance of the proceedings on the merits.
April 7, 2006	Following the request by the parties, the Tribunal suspends the proceeding.
October 27, 2006	Following the request by the parties, the Tribunal further suspends the proceeding.
April 4, 2007	Following the request by the parties, the Tribunal further suspends the proceeding.
January 28, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
July 28, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
December 17, 2008	The suspension of the proceeding is further extended, pursuant to the parties' agreement.
July 6, 2009	The suspension of the proceeding is further extended, pursuant to the parties' agreement.
February 17, 2010	The suspension of the proceeding is further extended, pursuant to the parties' agreement.
April 19, 2010	The suspension of the proceeding is further extended, pursuant to the parties' agreement.
July 5, 2010	The Claimant files a memorial on the merits.
August 24, 2010	The Respondent files a request for production of documents.
August 31, 2010	The Claimant files observations on the Respondent’s request for production of documents.
September 9, 2010	The Tribunal issues directions on production of documents.
September 23, 2010	The Respondent files a further request for production of documents.
September 30, 2010	The Claimant files observations on the Respondent’s further request for production of documents.
October 4, 2010	The Tribunal issues a decision on production of documents.
October 6, 2010	The Respondent files a request for reconsideration of the Tribunal's decision of October 4, 2010.
October 12, 2010	The Claimant files observations on the Respondent’s request of October 6, 2010.
October 13, 2010	The Tribunal issues a decision on production of documents.
October 19, 2010	The Respondent files a counter-memorial on the merits.
November 9, 2010	The Claimant files a further request for production of documents.
November 22, 2010	The Claimant files a request for production of documents.
November 26, 2010	The Respondent produces documents.
January 5, 2011	The Claimant files a further request for production of documents.
January 21, 2011	The Respondent files observations on the Claimant’s further request for production of documents.
February 2, 2011	The Claimant files a reply on the merits.
March 9, 2011	The Respondent files a further request for production of documents.
April 27, 2011	The Respondent files an additional request for production of documents.
May 12, 2011	The Respondent files a rejoinder on the merits.
November 14, 2011 - November 18, 2011	The Tribunal holds a hearing on the merits in Washington, D.C.
January 6, 2012	Each party files a submission on costs.
June 6, 2012	The Tribunal issues a decision on jurisdiction and liability.
July 25, 2012	The Respondent files a request to present a counter-claim and a request for the Tribunal to appoint an independent expert.
August 10, 2012	Each party files observations on the Respondent's requests of July 25, 2013 and on the procedural calendar.
August 28, 2012	The Claimant files a response to the Respondent's observations of August 10, 2012.
September 5, 2012	The Tribunal issues a decision on the Respondent's requests of July 25, 2012 and on the procedural calendar.
October 15, 2012	The Claimant files a memorial on quantum.
January 14, 2013	The Respondent files a counter-memorial and counter-claim on quantum.
March 15, 2013	The Claimant files a reply on quantum and observations on the Respondent's counter-claim on quantum of January 14, 2013.
May 14, 2013	The Respondent files a rejoinder on quantum and a response to the Claimant's observations of March 15, 2013.
June 17, 2013 - June 18, 2013	The Tribunal holds a hearing on quantum in Washington, D.C.
August 5, 2013	Each party files a post-hearing brief and a submission on costs.
September 30, 2013	The Claimant files an updated submission on costs.
December 19, 2013	The Respondent files a request for reconsideration of the Tribunal's decision on jurisdiction and liability and a request for the Tribunal to decide on production of documents.
January 22, 2014	The Claimant files observations on the Respondent's requests of December 19, 2013.
January 31, 2014	The Tribunal issues a decision on the Respondent's requests of December 19, 2013.
March 13, 2014	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 23, 2014	The Respondent files a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2).
April 30, 2014	The Claimant files observations on the Respondent's request to reopen the proceeding.
May 22, 2014	The Tribunal decides on the Respondent's request to reopen the proceeding. The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
September 22, 2014	The Secretary-General registers an application for annulment of the award filed by the Argentine Republic, and notifies the parties of the provisional stay of enforcement of the award.
January 7, 2015	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Álvaro Rodrigo Castellanos Howell (Guatemalan); and Abdulqawi Ahmed Yusuf (Somali); all members appointed by the Chairman of the Administrative Council.
March 6, 2015	The Argentine Republic files a request to continue the stay of enforcement of the award.
April 6, 2015	SAUR International files observations on the Argentine Republic’s request to continue the stay of enforcement of the award.
April 28, 2015	The Argentine Republic files a response to SAUR International’s observations of April 6, 2015.
May 8, 2015	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
May 20, 2015	SAUR International files further observations on the Argentine Republic’s request to continue the stay of enforcement of the award.
July 7, 2015	The Argentine Republic files a memorial on annulment.
September 7, 2015	The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Washington, D.C.
September 15, 2015	SAUR International files a counter-memorial on annulment.
October 6, 2015	The ad hoc Committee poses questions to the Argentine Republic.
October 15, 2015	The Argentine Republic files answers to the questions posed by the ad hoc Committee on October 6, 2015.
October 24, 2015	SAUR International files observations on the Argentine Republic’s answers of October 15, 2015.
November 10, 2015	The Argentine Republic files a reply on annulment.
January 5, 2016	SAUR International files a rejoinder on annulment.
March 1, 2016	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
April 5, 2016 - April 6, 2016	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
May 4, 2016	Each party files a submission on costs.
December 7, 2016	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) and 53.
December 19, 2016	The ad hoc Committee issues its decision on annulment.