MTD Equity Sdn. Bhd. and MTD Chile S.A. v. Republic of Chile (ICSID Case No. ARB/01/7)

Procedural record

1. 3 February 2003Arbitration

   3 February 2003Arbitration

   Procedural Order No. 1 dated 3 February 2003

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal requested observations by 14 February 2003 on the effect of the suspension of the proceeding on pleading time limits and directed the parties to submit a proposed written-pleading schedule by 21 February 2003.

   Participants

   MTD Equity Sdn. Bhd.

   MTD Chile S.A.

   Republic of Chile

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Andres Rigo Sureda

   17 days later · 17 days

2. 20 February 2003Arbitration

   20 February 2003Arbitration

   Procedural Order No. 2 dated 20 February 2003

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal decided that the suspension under Rules 10 and 12 of the Arbitration Rules applied to all matters related to the proceeding, including time limits. It extended the counter-memorial deadline from 1 February 2003 by 103 days to 15 May 2003 and directed the parties to consult on the subsequent schedule and report by 14 March 2003.

   Participants

   MTD Equity Sdn. Bhd.

   MTD Chile S.A.

   Republic of Chile

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Andres Rigo Sureda

   2 years, 3 months and 12 days later · 832 days

3. 1 June 2005Arbitration

   1 June 2005Arbitration

   Decision on the Respondent's Request for a Continued Stay of Execution dated 1 June 2005

   International Centre for Settlement of Investment Disputes

   Decision summary

   The ad hoc Committee unanimously continued the stay of enforcement of the Award pending its decision on the Application for Annulment.

   Participants

   MTD Equity Sdn. Bhd.

   Representative

   Oscar M. Garibaldi (For: MTD Equity Sdn. Bhd.)

   Representative

   Covington & Burling (For: MTD Equity Sdn. Bhd.)

   Representative

   Michael Grasty Cousino (For: MTD Equity Sdn. Bhd.)

   MTD Chile S.A.

   Representative

   Eugene D. Gulland (For: MTD Chile S.A.)

   Representative

   Jorge Bofill Genzsch (For: MTD Chile S.A.)

   Republic of Chile

   Representative

   Pablo Mir Balmaceda (For: Republic of Chile)

   Representative

   Grasty Quintana Majlis & Cia. (For: Republic of Chile)

   Representative

   Claudio Castillo Castillo (For: Republic of Chile)

   Representative

   Ministry of Economy of Chile (For: Republic of Chile)

   Representative

   Ronald E.M. Goodman (For: Republic of Chile)

   Representative

   Gaela K. Gehring Flores (For: Republic of Chile)

   Representative

   Winston & Strawn LLP (For: Republic of Chile)

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Gilbert Guillaume

   Arbitrator

   James Crawford

   Arbitrator

   Sara Ordonez Noriega

   Tribunal secretary

   Ucheora Onwuamaegbu

   Authorities cited

   12

   • ICSID Convention
     statute
   • Chile Law of Budgets of the Public Sector for 2005
     statute
   • Chile Decree Law No. 1263 of 1973
     statute
   • Chile Decree Law No. 3346 of 1980
     statute
   • Chile Decree No. 1304 of 1992
     statute
   • Amco Asia Corporation v Republic of Indonesia (First Annulment) (1986, 1 ICSID Reports 509)
     case law
   • Amco Asia Corporation v Republic of Indonesia (Second Annulment) (ICSID Case No. ARB/81/1, annulment decision of 3 December 1992)
     case law
   • Maritime International Nominees Establishment v Republic of Guinea (Interim Order No. 1, 12 August 1988, 4 ICSID Reports 111)
     case law
   • Wena Hotels Ltd v Arab Republic of Egypt (Procedural Order No. 1, 5 April 2001, 6 ICSID Reports 129)
     case law
   • CDC Group PLC v Republic of Seychelles (Case No. ARB/02/14, decision of 14 July 2004)
     case law
   • Mitchell v Democratic Republic of Congo (Case No. ARB/99/7, decision of 30 November 2004)
     case law
   • The ICSID Convention: A Commentary (Cambridge, 2001)
     academic