Arbitral Digest

Matter

TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23)

Case no.
ARB/10/23
Seat
United States
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 16 December 2011United States

    16 December 2011United States

    Procedural Order No. 1 dated December 16, 2011

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Respondent's requests for document production and the Claimant's objections, with its reasoning set out in the attached Redfern Schedule.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 5 days later · 96 days

  2. 21 March 2012United States

    21 March 2012United States

    Procedural Order No. 2 dated March 21, 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Respondent's objections to the Claimant's requests for document production, with its reasoning set out in the attached Redfern Schedule.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 8 months and 28 days later · 638 days

  3. 19 December 2013United States

    19 December 2013United States

    Award dated December 19, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that Guatemala had violated its obligation to accord fair and equitable treatment to TECO under Article 10.5 of the CAFTA-DR. It awarded TECO US$21,100,552 in damages, ordered interest at the US Prime rate plus 2 percent from October 21, 2010 until full payment, and ordered Guatemala to pay US$7,520,695.39 toward TECO's legal costs and expenses; all other claims and pleas for relief were rejected.

    Supporting details

    1 authority · 5 participants
    TECO Guatemala Holdings, LLC
    Republic of Guatemala
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Alexis Mourre
    Arbitrator
    William W. Park

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    7 months and 13 days later · 225 days

  4. 1 August 2014United States

    1 August 2014United States

    Procedural Order No. 1 dated August 1, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee adopted the procedural framework and calendar for the annulment proceedings, including arrangements for submissions, evidence, hearings, costs, and publication.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 9 days later · 193 days

  5. 10 February 2015United States

    10 February 2015United States

    Decision on Guatemala's Request for a Continuation of the Stay of Enforcement of the Award dated February 10, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee continued the stay of enforcement of the Award for the duration of the annulment proceedings and reserved all other issues, including costs, to a further order or decision.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    1 year, 1 month and 26 days later · 420 days

  6. 5 April 2016United States

    5 April 2016United States

    Decision on Annulment dated April 5, 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee partially annulled the Original Award's decision on loss-of-value damages, interest on historical damages for the period from August 1, 2009 to October 21, 2010, and costs. It dismissed the other grounds of both annulment applications, allocated annulment costs as specified in the dispositif, ordered Guatemala to reimburse TECO USD 273,652.39 for 60 percent of TECO's legal costs incurred in Guatemala's annulment application, and noted that the stay terminated automatically on the date of the Decision.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    4 years, 1 month and 8 days later · 1499 days

  7. 13 May 2020United States

    13 May 2020United States

    Award dated May 13, 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    By majority, the Tribunal awarded TECO US$26,793,001 for the cash flow shortfall through the end of the tariff period and US$838,784 for pre-sale interest, both calculated as at October 21, 2010. It specified the US Prime rate plus 2 percent as the applicable interest rate, dismissed all other claims, and allocated costs between the Parties as stated in the Award.

    Supporting details

    1 authority · 5 participants
    TECO Guatemala Holdings, LLC
    Republic of Guatemala
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Vaughan Lowe
    Arbitrator
    Brigitte Stern

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    5 months and 3 days later · 156 days

  8. 16 October 2020United States

    16 October 2020United States

    Supplementary Decision dated October 16, 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted TECO's request for a supplementary decision and ordered Guatemala to pay TECO US$7,520,695.39 for costs incurred in the Original Arbitration, plus annually compounded interest at the US Prime rate from December 19, 2013. Fees and expenses of the Tribunal and ICSID for the supplementary proceeding were to be borne equally, with each Party bearing its own legal and other expenses for that proceeding.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    7 months and 1 day later · 213 days

  9. 17 May 2021United States

    17 May 2021United States

    Decision on Stay of Enforcement dated May 17, 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee confirmed the continuation of the stay of enforcement of the Resubmission Award and Supplementary Decision until it rendered its Decision on Annulment.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
  10. 17 May 2021United States

    17 May 2021United States

    Procedural Order No. 1 dated May 17, 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee established the procedural rules, hearing and filing arrangements, procedural calendar, evidence rules, and arrangements for the third annulment proceeding.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 15 days later · 107 days

  11. 1 September 2021United States

    1 September 2021United States

    Procedural Order No. 2 dated September 1, 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee granted Guatemala's request to submit new evidence with its Memorial on Annulment, subject to the conditions stated in the Order.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    3 months and 14 days later · 105 days

  12. 15 December 2021United States

    15 December 2021United States

    Procedural Order No. 3 dated December 15, 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee partially granted TECO's request to submit new evidence with its Counter-Memorial on Annulment, including the categories admitted in the Order.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    1 month and 27 days later · 58 days

  13. 11 February 2022United States

    11 February 2022United States

    Procedural Order No. 4 dated February 11, 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee dismissed Guatemala's Requests I and II concerning the exclusion of evidence, for the reasons stated in the Order.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    18 days later · 18 days

  14. 1 March 2022United States

    1 March 2022United States

    Procedural Order No. 5 dated March 1, 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee admitted the New Documents and extended the deadlines for the Reply and Rejoinder as specified in the Order.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    3 months and 2 days later · 94 days

  15. 3 June 2022United States

    3 June 2022United States

    Procedural Order No. 6 dated June 3, 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee granted TECO leave to submit five New Documents with its Rejoinder and granted the requested two-day extension for filing the Rejoinder.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    1 month and 11 days later · 41 days

  16. 14 July 2022United States

    14 July 2022United States

    Procedural Order No. 7 dated July 14, 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee established the organization, format, schedule, participants, and document arrangements for the hearing on annulment scheduled for July 27 to 29, 2022.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 10 days later · 194 days

  17. 24 January 2023United States

    24 January 2023United States

    Order of the ad hoc Committee Taking Note of the Discontinuance of the Proceeding dated January 24, 2023

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee took note of the Parties' request and the discontinuance of the third annulment proceeding. The discontinuance entailed lifting the suspension on enforcement of the Resubmission Award.

    Supporting details

    1 authority · 5 participants
    TECO Guatemala Holdings, LLC
    Republic of Guatemala
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Deva Villanua
    Arbitrator
    Lawrence Boo
    Arbitrator
    Doug Jones

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

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TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23) · Matter