Case Details

AES Corporation v. Argentine Republic (ICSID Case No. ARB/02/17)

Subject of Dispute:

Electricity generation and distribution operations
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT United States of America - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

AES Corporation (U.S.)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

December 19, 2002
Date of Constitution of Tribunal:

June 3, 2003

Composition of Tribunal

President:

Ricardo RAMÍREZ HERNÁNDEZ (Mexican) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Domingo BELLO JANEIRO (Spanish) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Pierre-Marie DUPUY (French) - Appointed by the Secretary-General
Arbitrators:

Karl-Heinz BÖCKSTIEGEL (German) - Appointed by the Claimant(s)
Domingo BELLO JANEIRO (Spanish) - Appointed by the Respondent(s)
Reconstituted:

December 12, 2019: Ricardo RAMÍREZ HERNÁNDEZ (Mexican) appointed following the resignation of Pierre-Marie DUPUY (French)
December 12, 2019: Stephen L. DRYMER (Canadian) appointed following the resignation of Karl-Heinz BÖCKSTIEGEL (German)

Party Representatives

Claimant(s):

Chaffetz Lindsey, New York, NY, U.S.A.
Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
Bruchou, Fernández Madero & Lombardi, Buenos Aires, Argentina
General Counsel, AES Corparation North America, Arlington, VA, U.S.A.
Respondent(s):

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

English,Spanish
Status of Proceeding:

Pending
Latest Development:

June 23, 2023 - Each party files a post-hearing brief.

(a) Original Proceeding

Published Decisions

Decision on the Respondent's Proposal to Disqualify all Members of the Tribunal

Available on the ICSID Website

Decision on the Respondent's Proposal to Disqualify all Members of the Tribunal (April 6, 2022) English (Original)

(a) Original Proceeding

Date	Development
December 19, 2002	The Secretary-General registers a request for the institution of arbitration proceedings.
June 3, 2003	The Tribunal is constituted. Its members are: Pierre-Marie Dupuy (French), President; Karl-Heinz Böckstiegel (German); and Domingo Bello Janeiro (Spanish).
July 8, 2003	The Tribunal holds its first session in Washington, D.C.
October 7, 2003	The Claimant files its memorial on the merits.
December 31, 2003	The Respondent files its memorial on jurisdiction.
February 20, 2004	The Claimant files its counter-memorial on jurisdiction.
March 26, 2004	The Respondent files its reply on jurisdiction.
April 26, 2004	The Claimant files its rejoinder on jurisdiction.
October 23, 2004 - October 24, 2004	The Tribunal holds a hearing on jurisdiction in Paris.
April 26, 2005	The Tribunal issues its decision on jurisdiction.
September 8, 2005	The Respondent files a counter-memorial on the merits.
January 23, 2006	Following the agreement by the parties, the Tribunal suspends the proceeding.
June 29, 2006	Following the agreement by the parties, the Tribunal further suspends the proceeding.
December 29, 2006	Following the agreement by the parties, the Tribunal suspends the proceeding.
June 14, 2007	Following the agreement by the parties, the Tribunal further suspends the proceeding.
January 15, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
June 23, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
December 15, 2008	The suspension of the proceeding is further extended, pursuant to the parties' agreement.
December 28, 2009	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
June 28, 2010	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
December 11, 2010	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
June 27, 2011	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
December 11, 2011	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
June 22, 2012	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
June 17, 2013	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
December 12, 2013	The suspension of the proceeding is further extended until June 11, 2014, pursuant to the parties’ agreement.
July 11, 2014	The suspension of the proceeding is further extended until December 11, 2014, pursuant to the parties’ agreement.
January 23, 2015	The suspension of the proceeding is further extended until June 11, 2015, pursuant to the parties’ agreement.
June 22, 2015	The suspension of the proceeding is further extended until December 11, 2015, pursuant to the parties’ agreement.
December 24, 2015	The suspension of the proceeding is further extended until June 11, 2016, pursuant to the parties’ agreement.
August 11, 2016	The suspension of the proceeding is further extended until December 11, 2016, pursuant to the parties’ agreement.
February 24, 2017	The suspension of the proceeding is further extended until June 11, 2017, pursuant to the parties’ agreement.
July 10, 2017	The suspension of the proceeding is further extended until December 11, 2017, pursuant to the parties’ agreement.
December 19, 2017	The suspension of the proceeding is further extended until June 11, 2018, pursuant to the parties’ agreement.
July 17, 2018	The suspension of the proceeding is further extended until September 11, 2018, pursuant to the parties’ agreement.
September 13, 2018	The suspension of the proceeding is further extended until December 11, 2018, pursuant to the parties’ agreement.
January 27, 2019	Following the resignation of arbitrator Pierre-Marie Dupuy, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2).
January 28, 2019	Following the resignation of arbitrator Karl-Heinz Böckstiegel, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2).
July 7, 2019	Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
December 6, 2019	Following appointment by the Chairman of the Administrative Council pursuant to the parties’ agreement, Ricardo Ramírez Hernández (Mexican) accepts his appointment as presiding arbitrator.
December 12, 2019	The Tribunal is reconstituted. Its members are: Ricardo Ramírez Hernández (Mexican), President, appointed by the Chairman of the Administrative Council pursuant to the parties’ agreement; Stephen L. Drymer (Canadian), appointed by the Claimant; and Domingo Bello Janeiro (Spanish), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
February 19, 2020	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
April 24, 2020	The Claimant files its updated memorial on the merits.
October 22, 2020	The Respondent files its updated counter-memorial on the merits.
March 26, 2021	The Claimant files a reply on the merits.
June 29, 2021	The Respondent files a request for the Tribunal to decide on production of documents.
July 2, 2021	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
July 5, 2021	The Tribunal issues a decision on production of documents.
July 30, 2021	The Respondent files a rejoinder on the merits.
October 18, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 21, 2021	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
November 3, 2021	The Respondent files a proposal for disqualification of arbitrators Ricardo Ramírez Hernández, Stephen L. Drymer, and Domingo Bello Janeiro. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
November 17, 2021	The Claimant files observations on the proposal for disqualification.
November 19, 2021	Each member of the Tribunal furnishes explanations regarding the proposal for disqualification, in accordance with ICSID Arbitration Rule 9(3).
November 29, 2021	Each party files further observations on the proposal for disqualification.
April 6, 2022	The proposal for disqualification of arbitrators Ricardo Ramírez Hernández, Stephen L. Drymer, and Domingo Bello Janeiro is declined by the Chair of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
January 23, 2023	The Tribunal issues Amended Procedural Order No. 3 concerning the organization of the hearing.
February 6, 2023 - February 16, 2023	The Tribunal holds a hearing on the merits in Washington, D.C.
June 23, 2023	Each party files a post-hearing brief.