Case Details
(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. |