Case Details

Siemens A.G. v. Argentine Republic (ICSID Case No. ARB/02/8)

Subject of Dispute:

Informatic services contract
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Germany - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Siemens A.G. (German)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

July 17, 2002
Date of Constitution of Tribunal:

December 19, 2002

Composition of Tribunal

President:

Andrés RIGO SUREDA (Spanish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
Domingo BELLO JANEIRO (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

M. & M. Bomchil, 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:

February 6, 2007 - The Tribunal renders the award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 16, 2007 (Respondent(s))
Date of Constitution of ad hoc Committee:

October 4, 2007

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

President:

Gilbert GUILLAUME (French)
Members:

Florentino P. FELICIANO (Philippine)
Mohamed SHAHABUDDEEN (Guyanese)

Party Representatives

Claimant(s):

M. & M. Bomchil, Buenos Aires, Argentina
Peter Gnam, Feldafing, Germany
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 28, 2009 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(c) Revision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 9, 2008 (Respondent(s))
Date of Constitution of Tribunal:

July 15, 2008

Composition of Tribunal

President:

Andrés RIGO SUREDA (Spanish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
Domingo BELLO JANEIRO (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

M. & M. Bomchil, Buenos Aires, Argentina
Peter Gnam, Feldafing, Germany
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 9, 2009 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction of August 3, 2004;French translation of English original in 132 Journal du droit international 142 (2005) (excerpts).

Available on the ICSID Website

Decision on Jurisdiction (August 3, 2004) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
July 17, 2002	The Secretary-General registers a request for the institution of arbitration proceedings.
December 19, 2002	The Tribunal is constituted. Its members are: Andrés Rigo Sureda (Spanish), President; Charles N. Brower (U.S.); and Domingo Bello Janeiro (Spanish).
February 13, 2003	The Tribunal holds its first session in Washington, D.C.
March 17, 2003	The Claimant files its memorial on the merits.
August 4, 2003	The Respondent files its memorial on jurisdiction.
October 16, 2003	The Claimant files its counter-memorial on jurisdiction.
November 17, 2003	The Respondent files its reply on jurisdiction.
February 3, 2004 - February 4, 2004	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
August 3, 2004	The Tribunal issues its decision on jurisdiction and a procedural order concerning the schedule for the merits of the dispute.
October 19, 2004	The Respondent files its counter-memorial on the merits.
December 7, 2004	The proceeding is suspended following a proposal for the disqualification of an arbitrator.
April 15, 2005	The proposal for the disqualification of an arbitrator is declined and the proceeding is resumed.
October 10, 2005 - October 18, 2005	The Tribunal holds a hearing on the merits in Washington, D.C.
November 23, 2005	The parties file post-hearing briefs.
December 15, 2006	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 6, 2007	The Tribunal renders the award.

(b) Annulment Proceeding

Date	Development
July 16, 2007	The Secretary-General registers an application for the institution of annulment proceedings, and notifies the parties of the provisional stay of enforcement of the award.
October 4, 2007	The ad hoc Committee is constituted. Its members are: Gilbert Guillaume (French), President; Florentino P. Feliciano (Phillippine); and Mohamed Shahabuddeen (Guyanese).
November 14, 2007	The Argentine Republic files observations on the continuation of the stay of enforcement of the award.
November 29, 2007	Siemens A.G. files observations on the continuation of the stay of enforcement of the award.
December 17, 2007	The ad hoc Committee holds a first session in Paris.
April 21, 2008	The Argentine Republic files a memorial on annulment.
August 19, 2008	The proceeding is suspended, pursuant to the parties' agreement.
August 12, 2009	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
September 28, 2009	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(c) Revision Proceeding

Date	Development
July 9, 2008	The Acting Secretary-General registers an application for the revision of the award rendered on February 6, 2007.
July 15, 2008	The Tribunal is reconstituted. Its members are: Andrés Rigo Sureda (Spanish), President; Charles N. Brower (U.S.); and Domingo Bello Janeiro (Spanish).
August 19, 2008	The Tribunal holds a first session by telephone conference.
September 12, 2008	The Tribunal issues a procedural order concerning the procedural calendar.
December 3, 2008	The Argentine Republic files a request concerning the confidentiality of certain documents .
December 8, 2008	Siemens A.G. files observations on the Argentine Republic’s request of December 3, 2009.
December 9, 2008	Siemens A.G. files a request for the suspension of the proceeding.
December 23, 2008	The Tribunal issues a procedural order concerning the confidentiality of documents.
December 30, 2008	The Argentine Republic files observations on Siemens A.G.'s request of December 3, 2008, and files a request for production of documents.
February 5, 2009	The Tribunal issues a procedural order concerning the suspension of the proceeding and production of documents.
February 12, 2009	The Argentine Republic files a memorial on revision.
August 12, 2009	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
September 9, 2009	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).