09/19/2023 | Press release | Distributed by Public on 09/19/2023 16:44
Decision on Jurisdiction and Liability
Partial Dissent by Oscar M. Garibaldi
Award of the Tribunal(English;)
Decision on Jurisdiction and Liability (March 17, 2021)English (Original); Spanish (Original)
Partial Dissent by Oscar M. Garibaldi (March 17, 2021)English (Original); Spanish (Original)
Date | Development |
March 1, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
April 11, 2016 | Following appointment by the Claimants, Oscar M. Garibaldi (Argentina/U.S.) accepts his appointment as arbitrator. |
April 15, 2016 | Following appointment by the Respondent, Andrea Giardina (Italian) accepts his appointment as arbitrator. |
May 2, 2016 |
Following appointment by agreement of the parties, James Crawford (Australian) accepts his appointment as presiding arbitrator. |
May 2, 2016 |
The Tribunal is constituted in accordance with 37(2)(a) of the ICSID Convention. Its members are: James Crawford (Australian), President, appointed by agreement of the parties; Oscar Garibaldi (Argentine/U.S.), appointed by the Claimants; and Andrea Giardina (Italian), appointed by the Respondent. |
July 20, 2016 | The Tribunal holds a first session by telephone conference. |
September 7, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
November 18, 2016 | The Claimants file a memorial on the merits. |
April 12, 2017 |
The Respondent files a counter-memorial on the merits and memorial on jurisdiction. |
June 13, 2017 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
September 29, 2017 | The Claimants file a reply on the merits. |
December 22, 2017 |
The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
February 8, 2018 |
The Claimants file a rejoinder on jurisdiction. |
March 28, 2018 |
The Claimants request to introduce into the record certain documentary evidence. |
April 17, 2018 |
The Respondent responds and requests to introduce into the record certain documentary evidence. |
April 27, 2018 |
The Claimants respond to the Respondent's request of April 17, 2018. |
May 17, 2018 |
The Tribunal issues Procedural Order No. 3 on the admissibility of new evidence. |
June 5, 2018 |
The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
June 11, 2018 |
The Tribunal issues Procedural Order No. 4 concerning the withdrawal of claims. |
June 12, 2018 |
The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing. |
July 18, 2018 - July 23, 2018 |
The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
September 14, 2018 |
Each party files a submission on costs. |
November 5, 2018 |
A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
November 8, 2018 |
The Claimant files observations on the non-disputing party's application. |
November 13, 2018 |
The Respondent files observations on the non-disputing party's application. |
December 4, 2018 |
The Claimant files further observations on the non-disputing party's application. |
December 5, 2018 |
The Respondent files further observations on the non-disputing party's application. |
December 21, 2018 |
The Tribunal issues Procedural Order No. 6 concerning the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
January 4, 2019 |
A non-disputing party files a request to alter the Tribunal's Procedural Order No. 6 dated December 21, 2018. |
January 9, 2019 |
Each party files observations on the non-disputing party's request of January 4, 2019. |
January 16, 2019 |
The Tribunal issues Procedural Order No. 7 concerning the non-disputing party's request of January 4, 2019. |
January 25, 2019 |
The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
January 31, 2019 |
Each party files further observations on the non-disputing party's request of January 4, 2019. |
February 4, 2019 |
The Claimant files observations on the Respondent's request of January 25, 2019. |
April 11, 2019 |
The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
April 15, 2019 |
The Claimant files observations on the Respondent's request of April 11, 2019. |
April 17, 2019 |
The Respondent files further observations to its request of April 11, 2019. |
April 29, 2019 |
The Claimant files further observations on the Respondent's request of April 11, 2019. |
May 3, 2019 |
The Tribunal decides on the admissibility of new documents. |
May 9, 2019 |
The Claimant files comments on a new document. |
May 24, 2019 |
The Respondent files comments on a new document. |
May 29, 2019 |
The Respondent files comments on new documents. |
June 11, 2019 |
The Claimant files comments on new documents. |
June 18, 2019 |
The Claimant files comments on a new document. |
July 2, 2019 |
The Respondent files comments on a new document. |
August 27, 2019 |
The Respondent files comments on a new document. |
September 2, 2019 |
The Claimant files comments on a new document. |
October 10, 2019 |
The Respondent files comments on a new document. |
October 23, 2019 |
The Claimant files comments on a new document. |
December 23, 2019 |
The Respondent files comments on a new document. |
January 9, 2020 |
The Claimant files comments on a new document. |
March 9, 2020 |
The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
March 10, 2020 |
The Claimant files observations on the Respondent's request of March 9, 2020. |
March 12, 2020 |
The Tribunal decides on the admissibility of a new document. |
March 13, 2020 |
The Respondent files a new document. |
June 17, 2020 |
The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
June 18, 2020 |
The Claimant files observations on the Respondent's request of June 17, 2020. |
June 24, 2020 |
The Tribunal decides on the admissibility of a new document. |
June 25, 2020 |
The Respondent files a new document. |
October 20, 2020 |
The Respondent files comments on a new document. |
November 3, 2020 |
The Claimant files comments on a new document. |
March 17, 2021 |
The Tribunal issues a decision on jurisdiction and liability; attached to the decision is a partial dissenting opinion by arbitrator Oscar M. Garibaldi. |
June 1, 2021 |
Following the passing away of arbitrator James Crawford (Australian), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
October 4, 2021 |
The Tribunal is reconstituted. Its members are: Anne Hoffmann (German), President, appointed by the Secretary-General pursuant to the parties' agreement; Oscar Garibaldi (Argentine/U.S.), appointed by the Claimant; and Andrea Giardina (Italian), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
December 10, 2021 |
Each party files a submission on quantum. |
January 21, 2022 |
The Tribunal poses questions to the parties. |
February 8, 2022 |
Each party files answers to the questions posed by the Tribunal on January 21, 2022. |
May 30, 2022 |
Each party files a submission on costs. |
June 16, 2022 |
Each party files observations on the other party's submission on costs. |
October 24, 2022 |
The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 14, 2022 |
The Tribunal renders its Award. |
Date | Development |
January 5, 2023 |
The Secretary-General registers a request for rectification of the award filed by Eurus Energy Holdings Corporation. |
January 30, 2023 |
Eurus Energy Holdings Corporation files a submission on the rectification or supplementation of the arbitral award. |
February 20, 2023 |
The Kingdom of Spain files a response to Eurus Energy Holdings Corporation's submission of January 30, 2023. |
March 31, 2023 |
Each party files a submission on costs. |
April 27, 2023 |
The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 46 and 49(4). |
May 15, 2023 |
The Tribunal issues a decision on the rectification of the award. |
Date | Development |
September 19, 2023 |
The Secretary-General registers an application for annulment of the award filed by the Kingdom of Spain and notifies the parties of the provisional stay of enforcement of the award. |