Arbitral Digest

Matter

Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador (ICSID Case No. ARB/09/17)

Case no.
ARB/09/17
Applicable rules
ICSID Arbitration Rules
  1. 14 March 2011Arbitration

    14 March 2011Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal determined that the dispute was outside its jurisdiction and competence under CAFTA, ordered each side to bear one-half of the arbitration costs and each party to bear its own legal fees and expenses, and dismissed all other claims and requests for relief.

    Supporting details

    6 authorities · 13 participants
    Commerce Group Corp
    Representative
    John E. Machulak (For: Commerce Group Corp)
    Representative
    Eugene Bykhovsky (For: Commerce Group Corp)
    Representative
    Andrew Newcombe (For: Commerce Group Corp)
    San Sebastian Gold Mines, Inc.
    Republic of El Salvador
    Representative
    Luis Parada (For: Republic of El Salvador)
    Representative
    Derek Smith (For: Republic of El Salvador)
    Representative
    Tomas Solis (For: Republic of El Salvador)
    Representative
    Erin Argueta (For: Republic of El Salvador)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    6
    • Central American-Dominican Republic Free Trade Agreement
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • El Salvador Investment Law
      statute
    • Waste Management Inc. v. United Mexican States (ICSID Case No. ARB(AF)/98/2, Arbitral Award, 2 June 2000)
      case law
    • Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23, Decision on Objection to Jurisdiction under CAFTA Article 10.20.5, 17 November 2008)
      case law
    • Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/04/6, Decision on Jurisdiction, 22 August 2008)
      case law

    1 year, 6 months and 6 days later · 556 days

  2. 20 September 2012Arbitration

    20 September 2012Arbitration

    Decision on El Salvador's Application for Security for Costs

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee denied the Republic of El Salvador's application for security for costs and made no decision on costs at that stage.

    Supporting details

    2 authorities · 7 participants
    Commerce Group Corp
    San Sebastian Gold Mines, Inc.
    Republic of El Salvador
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/06/8, Decision on Preliminary Issues, 23 June 2008)
      case law

    11 months and 8 days later · 342 days

  3. 28 August 2013Arbitration

    28 August 2013Arbitration

    Order of the Committee Discontinuing the Proceeding and Decision on Costs

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee ordered that the annulment proceeding be discontinued. Each party was to bear its own costs and legal expenses; the Applicants were to bear the fees and expenses of the Committee members and the Centre, with any remaining case-fund balance refunded to the Applicants.

    Supporting details

    7 participants
    Commerce Group Corp
    San Sebastian Gold Mines, Inc.
    Republic of El Salvador
    International Centre for Settlement of Investment Disputes

Matter record

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Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador (ICSID Case No. ARB/09/17) · Matter