Arbitral Digest

Matter

Ms [G] [Y], Ms [D] [M], and Mr [H] [M] v Oriental Republic of Uruguay (Paris Court of Appeal RG 20/13899)

Case no.
CPA No. 2018-04
Applicable rules
UNCITRAL Arbitration Rules
  1. 6 August 2020Arbitration

    6 August 2020Arbitration

    Arbitral Award in CPA No. 2018-04 dated 6 August 2020

    Permanent Court of Arbitration

    Decision summary
    The arbitral tribunal declined jurisdiction, holding that the temporal condition for protection under the Uruguay–United Kingdom investment treaty was not satisfied.

    Supporting details

    4 participants
    Madame [G] [Y]
    Madame [D] [M]
    Monsieur [H] [M]
    Oriental Republic of Uruguay
    Permanent Court of Arbitration

    2 years, 6 months and 15 days later · 929 days

  2. 21 February 2023France

    21 February 2023France

    Judgment of the Paris Court of Appeal in case RG 20/13899 dated 21 February 2023

    Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16

    Case no.
    RG 20/13899
    Citation
    RG 20/13899
    Decision summary
    The court annulled the 6 August 2020 arbitral award in CPA No. 2018-04. It held that the treaty's temporal, personal, territorial, and consent-related grounds did not deprive the arbitral tribunal of jurisdiction, and ordered Uruguay to pay the costs and EUR 150,000 under Article 700 of the French Code of Civil Procedure.

    Supporting details

    3 authorities · 15 participants
    Madame [G] [Y]
    Representative
    Luca DE MARIA (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Representative
    Laurent JAEGER (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Representative
    Agnès BIZARD (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Madame [D] [M]
    Representative
    Luca DE MARIA (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Representative
    Laurent JAEGER (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Representative
    Agnès BIZARD (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Monsieur [H] [M]
    Representative
    Luca DE MARIA (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Representative
    Laurent JAEGER (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Representative
    Agnès BIZARD (For: Madame [G] [Y] · Madame [D] [M] · Monsieur [H] [M])
    Oriental Republic of Uruguay
    Representative
    Matthieu BOCCON GIBOD (For: Oriental Republic of Uruguay)
    Representative
    Diana PARAGUACUTO-MAHEO (For: Oriental Republic of Uruguay)
    Representative
    Anne-Fleur DORY (For: Oriental Republic of Uruguay)
    Representative
    MeMargaux MERY (For: Oriental Republic of Uruguay)
    Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16
    Other
    Institutional administrator
    Najma EL FARISSI

    Authorities cited

    3
    • Agreement between the Oriental Republic of Uruguay and the United Kingdom of Great Britain and Northern Ireland on the Promotion and Protection of Investments in Capital, 21 October 1991
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature at Washington, D.C., on 18 March 1965
      convention
    • French Code of Civil Procedure
      statute

Matter record

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Ms [G] [Y], Ms [D] [M], and Mr [H] [M] v Oriental Republic of Uruguay (Paris Court of Appeal RG 20/13899) · Matter