Arbitral Digest

Matter

CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15)

Case no.
ARB/08/15
Applicable rules
ICSID Arbitration Rules
  1. 6 November 2009Arbitration

    6 November 2009Arbitration

    Decision on the Respondent's Proposal to Disqualify a Member of the Tribunal

    International Centre for Settlement of Investment Disputes

    Decision summary
    The proposal to disqualify Robert B. von Mehren was dismissed because it was not filed promptly; the Tribunal therefore did not consider the substance of the objection.

    Supporting details

    4 authorities · 15 participants
    CEMEX Caracas Investments B.V.
    Representative
    Barry H. Garfinkel (For: CEMEX Caracas Investments B.V.)
    Representative
    Marco E. Schnabl (For: CEMEX Caracas Investments B.V.)
    Representative
    Timothy G. Nelson (For: CEMEX Caracas Investments B.V.)
    Representative
    Julie Bedard (For: CEMEX Caracas Investments B.V.)
    CEMEX Caracas II Investments B.V.
    Bolivarian Republic of Venezuela
    Representative
    George Kahale III (For: Bolivarian Republic of Venezuela)
    Representative
    Mark H. O'Donoghue (For: Bolivarian Republic of Venezuela)
    Representative
    Miriam K. Harwood (For: Bolivarian Republic of Venezuela)
    Representative
    Gabriela Alvarez-Avila (For: Bolivarian Republic of Venezuela)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Katia Yannaca-Small

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • UNCITRAL Arbitration Rules
      rules
    • International Bar Association Guidelines on Conflicts of Interest in International Arbitration (IBA Guidelines on Conflicts of Interest in International Arbitration)
      guidelines
    • Rules of Arbitration of the International Court of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules)
      rules

    3 months and 25 days later · 117 days

  2. 3 March 2010Arbitration

    3 March 2010Arbitration

    Decision on the Claimants' Request for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Claimants' request for provisional measures was rejected. The decision on the costs of the procedure relating to the request was reserved to a later stage of the arbitration.

    Supporting details

    1 authority · 15 participants
    CEMEX Caracas Investments B.V.
    Representative
    Barry H. Garfinkel (For: CEMEX Caracas Investments B.V.)
    Representative
    Marco E. Schnabl (For: CEMEX Caracas Investments B.V.)
    Representative
    Timothy G. Nelson (For: CEMEX Caracas Investments B.V.)
    Representative
    Julie Bedard (For: CEMEX Caracas Investments B.V.)
    CEMEX Caracas II Investments B.V.
    Bolivarian Republic of Venezuela
    Representative
    George Kahale III (For: Bolivarian Republic of Venezuela)
    Representative
    Mark H. O'Donoghue (For: Bolivarian Republic of Venezuela)
    Representative
    Hermann Ferre (For: Bolivarian Republic of Venezuela)
    Representative
    Gabriela Alvarez-Avila (For: Bolivarian Republic of Venezuela)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Katia Yannaca-Small

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention

    9 months and 27 days later · 302 days

  3. 30 December 2010Arbitration

    30 December 2010Arbitration

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously held that it had jurisdiction over the claims insofar as they were based on alleged breaches of the 22 October 1991 Netherlands-Venezuela investment agreement, but had no jurisdiction under Article 22 of Venezuelan Decree No. 356. It ordered continuation of the procedure and reserved all questions concerning tribunal and party costs.

    Supporting details

    4 authorities · 22 participants
    CEMEX Caracas Investments B.V.
    Representative
    Barry H. Garfinkel (For: CEMEX Caracas Investments B.V.)
    Representative
    Marco E. Schnabl (For: CEMEX Caracas Investments B.V.)
    Representative
    Timothy G. Nelson (For: CEMEX Caracas Investments B.V.)
    Representative
    Julie Bedard (For: CEMEX Caracas Investments B.V.)
    CEMEX Caracas II Investments B.V.
    Bolivarian Republic of Venezuela
    Representative
    Edward Van Geuns (For: Bolivarian Republic of Venezuela)
    Representative
    Mark H. O'Donoghue (For: Bolivarian Republic of Venezuela)
    Representative
    Gabriela Alvarez-Avila (For: Bolivarian Republic of Venezuela)
    Representative
    Hermann Ferre (For: Bolivarian Republic of Venezuela)
    Representative
    Kabir Duggal (For: Bolivarian Republic of Venezuela)
    Representative
    Tulio Cusman (For: Bolivarian Republic of Venezuela)
    Representative
    Hildegard Rondon de Sanso (For: Bolivarian Republic of Venezuela)
    Representative
    Armando Giraud (For: Bolivarian Republic of Venezuela)
    Representative
    Mariel Perez (For: Bolivarian Republic of Venezuela)
    Representative
    Beatrice Sanso de Ramirez (For: Bolivarian Republic of Venezuela)
    Representative
    Gustavo Alvarez (For: Bolivarian Republic of Venezuela)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Janet Whittaker

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Republic of Venezuela (22 October 1991)
      treaty
    • Venezuelan Decree No. 356 on the Promotion and Protection of Investments (Decree No. 356 of 3 October 1999)
      legislation
    • Vienna Convention on the Law of Treaties (23 May 1969)
      treaty

Matter record

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CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15) · Matter