Case Details

Giovanni Alemanni and others v. Argentine Republic (ICSID Case No. ARB/07/8)

Subject of Dispute:

Debt instruments
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Argentina - Italy 1990
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Giovanni Alemanni (Italian)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

March 27, 2007
Date of Constitution of Tribunal:

July 3, 2008

Composition of Tribunal

President:

Franklin BERMAN (British) - Appointed by the Secretary-General
Arbitrators:

Karl-Heinz BÖCKSTIEGEL (German) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

ARBLIT, Milan, Italy
Piero Parodi, Milan, Italy
Rodolfo Carlos Barra, Buenos Aires, Argentina
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 14, 2015 - The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction and Admissibility

Order of the Tribunal Discontinuing the Proceeding

Available on the ICSID Website

Decision on Jurisdiction and Admissibility (November 17, 2014) English (Original); Spanish (Original)

Order of the Tribunal Discontinuing the Proceeding (December 14, 2015) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
March 27, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
July 3, 2008	The Tribunal is constituted. Its members are: Franklin Berman (British), President; Karl-Heinz Böckstiegel (German); and J. Christopher Thomas (Canadian).
December 5, 2008	The Tribunal holds a first session in Washington, D.C.
May 21, 2009	The Respondent files a memorial on jurisdiction and admissibility.
November 5, 2009	The Claimants file a counter-memorial on jurisdiction and admissibility.
November 16, 2009	The Respondent files a request for production of documents.
November 23, 2009	The Claimants file objections to the Respondent request for production of documents.
November 23, 2009	The Respondent files a Redfern Schedule and additional observations to its request of November 16, 2010.
February 5, 2010	The Respondent files a reply on jurisdiction and admissibility.
February 15, 2010	The Tribunal issues a decision concerning the Respondent’s request for production of documents.
May 4, 2010	The proceeding is suspended, pursuant to the parties' agreement.
September 1, 2010	The Claimants file a rejoinder on jurisdiction and admissibility.
June 7, 2011 - June 8, 2011	The Tribunal holds a hearing on jurisdiction in Paris.
August 8, 2011	Each party files a post-hearing brief.
November 29, 2011	Following the Tribunal’s invitation of November 9, 2011, the Respondent files a further submission on jurisdiction.
December 19, 2011	Following the Tribunal’s invitation of November 9, 2011, the Claimants file a further submission on jurisdiction.
February 17, 2012	The Respondent files a request for the admissibility of new evidence.
March 5, 2012	The Claimants file observations on the Respondent’s request for the admissibility of new evidence of February 17, 2012.
April 11, 2012	The Tribunal decides on the admissibility of new evidence.
June 18, 2012	The Tribunal issues directions to the parties concerning the case name.
November 17, 2014	The Tribunal issues a decision on jurisdiction and admissibility; attached to the decision is a concurring opinion by arbitrator J. Christopher Thomas.
December 1, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
January 27, 2015	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
February 6, 2015	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administration and Financial Regulation 14(3)(d).
August 18, 2015	The Acting Secretary-General moves that the Tribunal discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
December 14, 2015	The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).