09/30/2024 | Press release | Distributed by Public on 09/30/2024 14:06
Procedural Order No. 3 (Decision on Bifurcation) and Dissenting Opinion of Silvina Gonzalez Napolitano(English;)
Date | Development |
February 25, 2019 |
The Secretary-General registers a request for the institution of arbitration proceedings. |
May 8, 2019 |
Following appointment by the Claimants, Peter Rees (British) accepts his appointment as arbitrator. |
May 17, 2019 |
Following appointment by the Respondent, Silvina González Napolitano (Argentine) accepts her appointment as arbitrator. |
September 11, 2019 |
Following appointment by agreement of the parties, Sean Murphy (U.S.) accepts his appointment as presiding arbitrator. |
September 11, 2019 |
The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Sean Murphy (U.S.), President, appointed by agreement of the Parties; Peter Rees (British), appointed by the Claimants; and Silvina González Napolitano (Argentine), appointed by the Respondent. |
October 2, 2019 |
A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 11, 2019 |
The Respondent files a proposal for disqualification of arbitrator Peter Rees. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
October 18, 2019 |
The Claimants file observations on the proposal for disqualification. |
October 21, 2019 |
The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
October 31, 2019 |
The Respondent files further comments regarding the proposal for disqualification. |
November 19, 2019 |
The proposal for disqualification of arbitrator Peter Rees is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
November 27, 2019 |
Each party files observations on the non-disputing party's application. |
December 10, 2019 |
The Respondent files a proposal for disqualification of arbitrator Peter Rees. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
December 20, 2019 |
The Claimants file observations on the proposal for disqualification. |
December 23, 2019 |
The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
January 17, 2020 |
The Respondent files further comments regarding the proposal for disqualification. |
February 10, 2020 |
The proposal for disqualification of arbitrator Peter Rees is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
February 12, 2020 |
The Majority of the Tribunal issues a decision on the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
February 14, 2020 |
A non-disputing party files a request for reconsideration of the Majority of the Tribunal's decision of February 12, 2020. |
February 28, 2020 |
The Tribunal holds a first session by telephone conference. |
March 5, 2020 |
The Majority of the Tribunal issues a decision on the non-disputing party's request for reconsideration of February 14, 2020. |
March 5, 2020 |
The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 6, 2020 |
The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
May 29, 2020 |
The Claimants file a memorial on the merits. |
July 10, 2020 |
The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
August 7, 2020 |
The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
August 28, 2020 |
The Tribunal issues Procedural Order No. 3 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question. Attached to the procedural order is a partial dissenting opinion by arbitrator Silvina González Napolitano. |
November 6, 2020 |
The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
February 26, 2021 |
Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
March 9, 2021 |
The Tribunal issues Procedural Order No. 4 concerning production of documents. |
May 21, 2021 |
The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
July 9, 2021 |
The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
August 3, 2021 |
The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
August 6, 2021 |
The Claimants file a rejoinder on jurisdiction. |
August 13, 2021 |
The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
March 14, 2022 |
The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
March 22, 2022 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
March 22, 2022 |
The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
March 25, 2022 |
The Claimants file observations on the Respondent's request of March 22, 2022. |
March 29, 2022 |
The Tribunal decides on the Respondent's request of March 22, 2022. |
April 25, 2022 - April 29, 2022 |
The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
May 6, 2022 |
The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
June 16, 2022 |
The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
June 20, 2022 |
The Respondent files observations on the Claimants' request of June 16, 2022. |
June 22, 2022 |
The Tribunal decides on the Claimants' request of June 16, 2022. |
June 30, 2022 |
Each party files a post-hearing brief. |
July 28, 2022 |
Each party files a reply post-hearing brief. |
October 30, 2023 |
The Tribunal issues a decision on jurisdiction, admissibility, liability and general directions with respect to quantum; attached to the decision is a partial dissenting opinion by arbitrator Silvina S. González Napolitano. |
October 30, 2023 |
The Tribunal issues Procedural Order No. 9 concerning quantum. |
January 24, 2024 |
The parties' experts file a joint expert report on quantum. |
March 8, 2024 |
The parties' experts file an update to their joint expert report on quantum. |
March 15, 2024 |
Each party files a submission on costs. |
April 1, 2024 |
Each party files observations on the other party's submission on costs. |
April 8, 2024 |
Each party files a response to the other party's observations of April 1, 2024. |
May 31, 2024 |
The Tribunal renders its award. |
Date | Development |
September 30, 2024 |
The Acting 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. |