Arbitral Digest

Matter

Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12)

Case no.
ARB/09/12
Applicable rules
ICSID Arbitration Rules
  1. 2 August 2010Arbitration

    2 August 2010Arbitration

    Decision on the Respondent's Preliminary Objections dated 2 August 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal did not grant the Respondent's preliminary objections under CAFTA Articles 10.20.4 and 10.20.5. It made no order as to costs at that stage and reserved its powers for the final stage of the arbitration.

    Supporting details

    4 authorities · 5 participants
    Pac Rim Cayman LLC
    Republic of El Salvador
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Brigitte Stern
    Arbitrator
    V. V. Veeder

    Authorities cited

    4
    • Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)
      treaty
    • ICSID Arbitration Rules
      rules
    • El Salvador Investment Law
      statute
    • El Salvador Mining Law
      statute

    7 months and 21 days later · 233 days

  2. 23 March 2011Arbitration

    23 March 2011Arbitration

    Procedural Order No. 8 dated 23 March 2011

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted in part the prospective amici's request. It permitted a written amicus curiae submission limited to jurisdictional issues, subject to conditions concerning editing, disruption, burden, and prejudice.

    Supporting details

    2 authorities · 6 participants
    Pac Rim Cayman LLC
    Republic of El Salvador
    Center for International Environmental Law
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Brigitte Stern
    Arbitrator
    V. V. Veeder

    Authorities cited

    2
    • Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)
      treaty
    • ICSID Arbitration Rules
      rules

    1 year, 2 months and 9 days later · 436 days

  3. 1 June 2012Arbitration

    1 June 2012Arbitration

    Decision on the Respondent's Jurisdictional Objections dated 1 June 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's jurisdictional objections based on abuse of process and ratione temporis, but accepted the objection based on denial of benefits and declared that the Centre and Tribunal had no jurisdiction or competence over the Claimant's CAFTA claims. It dismissed the objections to the Investment Law claims and declared jurisdiction and competence over those claims. It made no order as to costs and retained its powers over costs and other matters.

    Supporting details

    4 authorities · 5 participants
    Pac Rim Cayman LLC
    Republic of El Salvador
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Brigitte Stern
    Arbitrator
    V. V. Veeder

    Authorities cited

    4
    • Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • ICSID Arbitration Rules
      rules
    • El Salvador Investment Law
      statute

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Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12) · Matter