Matter
Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)
- 15 October 2008Arbitration
15 October 2008Arbitration
Decision on Provisional Measures dated 15 October 2008
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal affirmed its power to recommend provisional measures at any stage of the proceeding and denied the Claimant's request for provisional measures to preserve documents.
Supporting details
3 authoritiesInternational Centre for Settlement of Investment Disputes
1 month and 2 days later · 33 days
- 17 November 2008Arbitration
17 November 2008Arbitration
Decision on Objection to Jurisdiction dated 17 November 2008
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal held that the reservation in the Claimant's waivers had no consequence for validity, held the waivers valid for claims arising from the Lesivo Resolution and subsequent conduct pursuant to it, and ordered continuation of the merits proceeding.
Supporting details
4 authoritiesInternational Centre for Settlement of Investment Disputes
1 month and 27 days later · 57 days
- 13 January 2009Arbitration
13 January 2009Arbitration
Decision on Clarification Request of the Decision on Jurisdiction dated 13 January 2009
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal rejected the request for clarification because the Decision on Jurisdiction was neither vague nor internally inconsistent. It explained that claims based on measures at issue in the local arbitrations under Deeds 402 and 820 were excluded, while other claims under CAFTA Article 10.5 were not excluded a priori.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
1 year, 4 months and 5 days later · 490 days
- 18 May 2010Arbitration
18 May 2010Arbitration
Second Decision on Objections to Jurisdiction dated 18 May 2010
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal rejected the Respondent's ratione temporis and ratione materiae objections and confirmed that its jurisdiction was limited to the Lesivo Resolution and conduct subsequent to it, including related acts or omissions concerning squatters only to the extent resulting from that Resolution. Costs were reserved for the final Award.
Supporting details
5 authoritiesInternational Centre for Settlement of Investment Disputes
2 years, 1 month and 11 days later · 773 days
- 29 June 2012Arbitration
29 June 2012Arbitration
Award dated 29 June 2012
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal unanimously found that Guatemala breached the minimum standard of treatment under CAFTA Article 10.5. It ordered Guatemala to pay compensation for the investment, one year of railway operation, and the Claimant's share of the net present value of existing real estate leases, with compound interest. It also ordered payment of $192,427 for jurisdictional-phase ICSID and Tribunal costs, required transfer of the Claimant's FVG shares and renunciation of usufruct rights on payment, allocated remaining procedural costs equally, and dismissed all other claims.
Supporting details
2 participantsRailroad Development Corporation
Republic of Guatemala
International Centre for Settlement of Investment Disputes
6 months and 20 days later · 203 days
- 18 January 2013Arbitration
18 January 2013Arbitration
Decision on Claimant's Request for Supplementation and Rectification of Award dated 18 January 2013
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal upheld the objection to new evidence, rejected the supplementation request and the rectification request concerning post-Lesivo rents, and rectified the Award's stated compensation amounts to $6,818,865 and $5,591,469.30. It allocated the administrative and Tribunal expenses for this decision equally and required each party to bear its own counsel fees and expenses.
Supporting details
2 participantsRailroad Development Corporation
Republic of Guatemala
International Centre for Settlement of Investment Disputes