Arbitral Digest

Matter

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

Case no.
ARB/01/7
Applicable rules
ICSID Arbitration Rules
  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.

    Supporting details

    4 participants
    MTD Equity Sdn. Bhd.
    MTD Chile S.A.
    Republic of Chile
    International Centre for Settlement of Investment Disputes

    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.

    Supporting details

    4 participants
    MTD Equity Sdn. Bhd.
    MTD Chile S.A.
    Republic of Chile
    International Centre for Settlement of Investment Disputes

    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.

    Supporting details

    12 authorities · 19 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
    James Crawford
    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

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