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

Procedural record

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.

   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.

   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

   Judge

   Daniel BARLOW

   Judge

   Fabienne SCHALLER

   Judge

   Laure ALDEBERT

   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