Arbitral Digest

Matter

Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/21)

Case no.
ARB/12/21
Applicable rules
ICSID Arbitration Rules
  1. 23 September 2013Arbitration

    23 September 2013Arbitration

    Procedural Order No. 2 dated September 23, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's request for bifurcation or suspension of the proceeding and rejected the Claimants' request to strike confidential information from the record.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 2 days later · 63 days

  2. 25 November 2013Arbitration

    25 November 2013Arbitration

    Decision on the Respondent's Request for Suspension dated November 25, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected Venezuela's renewed request for suspension of the proceeding.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 6 months and 22 days later · 568 days

  3. 16 June 2015Arbitration

    16 June 2015Arbitration

    Decision on the Proposal to Disqualify a Majority of the Tribunal dated June 16, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Chairman dismissed the proposal to disqualify Alexis Mourre because he had resigned and rejected as untimely the proposal to disqualify L. Yves Fortier.

    Supporting details

    1 authority · 5 participants
    Bolivarian Republic of Venezuela
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Alexis Mourre
    Tribunal secretary
    Marisa Planells-Valero

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, March 18, 1965)
      statute

    9 months and 12 days later · 286 days

  4. 28 March 2016Arbitration

    28 March 2016Arbitration

    Reasoned Decision on the Proposal for Disqualification of L. Yves Fortier, Q.C., Arbitrator dated March 28, 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Two Members rejected the Respondent's proposal to disqualify L. Yves Fortier and decided that the Respondent would be responsible for the costs associated with the proposal.

    Supporting details

    1 authority · 4 participants
    Bolivarian Republic of Venezuela
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, March 18, 1965)
      statute

    5 months and 15 days later · 168 days

  5. 12 September 2016Arbitration

    12 September 2016Arbitration

    Decision on the Third Proposal to Disqualify Arbitrator L. Yves Fortier, Q.C. dated September 12, 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Two Members dismissed the Respondent's third proposal to disqualify L. Yves Fortier and decided that the Respondent would be responsible for the costs associated with the proposal.

    Supporting details

    1 authority · 5 participants
    Bolivarian Republic of Venezuela
    International Centre for Settlement of Investment Disputes
    Other

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, March 18, 1965)
      statute

    7 months and 23 days later · 235 days

  6. 5 May 2017Arbitration

    5 May 2017Arbitration

    Decision on the Proposal to Disqualify L. Yves Fortier, Q.C., Arbitrator dated May 5, 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Two Members declined the Respondent's request for document production and a hearing, dismissed the fourth proposal to disqualify L. Yves Fortier, and decided that the Respondent would be responsible for the associated costs.

    Supporting details

    1 authority · 6 participants
    Bolivarian Republic of Venezuela
    International Centre for Settlement of Investment Disputes
    Other

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, March 18, 1965)
      statute

    6 months and 8 days later · 192 days

  7. 13 November 2017Arbitration

    13 November 2017Arbitration

    Award dated November 13, 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that it was without jurisdiction over the dispute. Each Party was ordered to bear its own legal costs and expenses, and the Claimants were ordered to bear the costs of the arbitration.

    Supporting details

    8 authorities · 21 participants
    Fábrica de Vidrios Los Andes, C.A.
    Representative
    Robert Volterra (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Representative
    Giorgio Mandelli (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Representative
    Alvaro Nistal (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Representative
    José Antonio Muci Borjas (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Expert
    José Ignacio Hernández (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Expert
    Brent Kaczmarek (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Owens-Illinois de Venezuela, C.A.
    Representative
    Robert Volterra (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Representative
    Giorgio Mandelli (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Representative
    Alvaro Nistal (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Representative
    José Antonio Muci Borjas (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Expert
    José Ignacio Hernández (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Expert
    Brent Kaczmarek (For: Fábrica de Vidrios Los Andes, C.A. · Owens-Illinois de Venezuela, C.A.)
    Bolivarian Republic of Venezuela
    Representative
    Reinaldo Enrique Muñoz Pedroza (For: Bolivarian Republic of Venezuela)
    Representative
    Osvaldo César Guglielmino (For: Bolivarian Republic of Venezuela)
    Representative
    Diego Brian Gosis (For: Bolivarian Republic of Venezuela)
    Expert
    Fabian Bello (For: Bolivarian Republic of Venezuela)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Marisa Planells-Valero
    Other
    Witness
    Luis Gomez

    Authorities cited

    8
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, March 18, 1965)
      statute
    • Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Bolivarian Republic of Venezuela (Netherlands-Venezuela BIT, October 22, 1991)
      statute
    • Vienna Convention on the Law of Treaties, May 23, 1969
      statute
    • Venezuelan Expropriation Law for Public or Social Interest (Official Gazette No. 37,475, July 1, 2002)
      statute
    • Venezuelan Organic Law on Prevention, Working Conditions, and the Work Environment (Official Gazette No. 38,236, July 26, 2005)
      statute
    • Venoklim Holding B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/22, Award, April 3, 2015)
      case-law
    • Tenaris S.A. and Talta - Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/23, Award, December 12, 2016)
      case-law
    • Blue Bank International & Trust (Barbados) Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/20, Award and Separate Opinion, April 26, 2017)
      case-law

Matter record

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Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/21) · Matter