Case Details

Latin American Regional Aviation Holding S. de R.L. v. Oriental Republic of Uruguay (ICSID Case No. ARB/19/16)

Subject of Dispute:

Air transportation services
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Panama - Uruguay 1998
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Latin American Regional Aviation Holding S. de R.L. (Panamanian)
Respondent(s):

Oriental Republic of Uruguay (Uruguayan)
Date Registered:

May 23, 2019
Date of Constitution of Tribunal:

May 7, 2020

Composition of Tribunal

President:

Alexis MOURRE (French) - Appointed by the Parties
Arbitrators:

Eduardo ZULETA (Colombian) - Appointed by the Claimant(s)
Eduardo SIQUEIROS T (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, New York, NY, U.S.A.
FERRERE, Montevideo, Uruguay
Dechamps International Law, London, U.K. and Buenos Aires, Argentina
Respondent(s):

Oriental Republic of Uruguay
Foley Hoag, Washington D.C., U.S.A.
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 13, 2024 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (February 13, 2024) Spanish (Original)

(a) Original Proceeding

Date	Development
May 23, 2019	The Secretary-General registers a request for the institution of arbitration proceedings.
December 20, 2019	Following appointment by the Claimants, Eduardo Zuleta (Colombian) accepts his appointment as arbitrator.
February 13, 2020	Following appointment by the Respondent, Eduardo Siqueiros T. (Mexican) accepts his appointment as arbitrator.
May 7, 2020	Following appointment by agreement of the parties, Alexis Mourre (French) accepts his appointment as presiding arbitrator.
May 7, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by agreement of the parties; Eduardo Zuleta (Colombian), appointed by Claimants; and Eduardo Siqueiros T. (Mexican), appointed by Respondent.
June 18, 2020	The Tribunal holds a first session by video conference.
June 23, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 18, 2020	The Claimant files a memorial on the merits.
October 30, 2020	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
December 1, 2020	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
December 23, 2020	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
December 30, 2020	The Tribunal issues Procedural Order No. 3 concerning production of documents.
May 19, 2021	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
July 16, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
August 2, 2021	The Tribunal issues Procedural Order No. 4 concerning production of documents.
December 3, 2021	The Claimant files a reply on the merits and counter-memorial on jurisdiction.
April 4, 2022	The Respondent files a rejoinder on the merits and reply on jurisdiction.
June 3, 2022	The Claimant files a rejoinder on jurisdiction.
July 29, 2022	The President of the Tribunal holds a pre-hearing conference with the parties by video conference.
August 10, 2022	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
September 19, 2022 - September 23, 2022	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
April 21, 2023	The Claimant files a post-hearing brief.
July 28, 2023	The Respondent files a post-hearing brief.
September 29, 2023	Each party files a submission on costs.
January 31, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 13, 2024	The Tribunal renders its award.