ICSID - International Centre for Settlement of Investment Disputes

10/17/2024 | Press release | Archived content

Procedural Order No. 7 - Decision on Bifurcation

BA Desarrollos LLC v. Argentine Republic (ICSID Case No. ARB/23/32)

  • Subject of Dispute:
    Real Estate Project
  • Economic Sector:
    Construction
  • Instrument(s) Invoked: (i)
    BIT United States of America - Argentina 1991
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    BA Desarrollos LLC (U.S.)
  • Respondent(s):
    Argentine Republic (Argentine)
  • Date Registered:
    August 4, 2023
  • Date of Constitution of Tribunal:
    November 27, 2023

  • Party Representatives

  • Claimant(s):
    Freshfields US, New York, NY, U.S.A.
  • Respondent(s):
    Procuración del Tesoro de la Nación, Buenos Aires, Argentina
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Pending
  • Latest Development:
    September 9, 2024 - The Tribunal issues Procedural Order No. 7 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7 - Decision on Bifurcation

Available on the ICSID Website

Procedural Order No. 1 (March 15, 2024)English (Original); Spanish (Original)

Procedural Order No. 2 (April 20, 2024)English (Original); Spanish (Original)

Procedural Order No. 3 (June 20, 2024)English (Original); Spanish (Original)

Procedural Order No. 4 (July 19, 2024)English (Original); Spanish (Original)

Procedural Order No. 5 (August 15, 2024)English (Original); Spanish (Original)

Procedural Order No. 6 (September 2, 2024)English (Original); Spanish (Original)

Procedural Order No. 7 - Decision on Bifurcation (September 9, 2024)English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
August 4, 2023

The Secretary-General registers a request for the institution of arbitration proceedings.

October 5, 2023

Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.

November 10, 2023

Following appointment by the Respondent, Luis González García (Mexican) accepts his appointment as arbitrator.

November 22, 2023

Following appointment by agreement of the parties, Deva Villanúa Gómez (Spanish), accepts her appointment as presiding arbitrator.

November 27, 2023

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Deva Villanúa Gómez (Spanish), President, appointed by agreement of the parties; Stephen L. Drymer (Canadian), appointed by the Claimant; and Luis González García (Mexican), appointed by the Respondent.

January 26, 2024

The Tribunal holds a first session by video conference.

March 15, 2024

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

March 29, 2024

The Claimant files a memorial on the merits.

April 29, 2024

The Tribunal issues Procedural Order No. 2 concerning production of documents.

June 20, 2024

The Tribunal issues Procedural Order No. 3 concerning production of documents.

June 28, 2024

The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.

July 19, 2024

Following exchanges between the parties, the Tribunal issues Procedural Order No. 4 concerning redactions and production of documents.

August 8, 2024

The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.

August 15, 2024

Following exchanges between the parties, the Tribunal issues Procedural Order No. 5 concerning production of documents.

September 2, 2024

Following exchanges between the parties, the Tribunal issues Procedural Order No. 6 concerning redactions.

September 9, 2024

The Tribunal issues Procedural Order No. 7 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.