Matter
Transglobal Green Energy, LLC and Transglobal Green Energy de Panama, S.A. v. Republic of Panama (ICSID Case No. ARB/13/28)
- 4 March 2015Arbitration
4 March 2015Arbitration
Decision on Respondent's Request for Shifting the Costs of the Arbitration dated 4 March 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal rejected Respondent's request to shift the arbitration costs to Claimants and ordered Respondent to pay its portion of the Centre's US$200,000 advance payment within 20 days.
Supporting details
1 authority · 7 participantsTransglobal Green Energy, LLC
Transglobal Green Energy de Panama, S.A.
Republic of Panama
Andres Rigo Sureda
International Centre for Settlement of Investment Disputes
- Arbitrator
- Christoph H. Schreuer
- Arbitrator
- Jan Paulsson
- Tribunal secretary
- Mercedes Cordido-Freytes de Kurowski
13 days later · 13 days
- 17 March 2015Arbitration
17 March 2015Arbitration
Decision on the Admissibility of Respondent's Preliminary Objection to the Jurisdiction of the Tribunal under Rule 41(5) of the Arbitration Rules dated 17 March 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal decided that the two temporal conditions in Rule 41(5) are cumulative and that Respondent's Objection did not meet the 30-day filing limit. It treated the Objection as a provisional notification of jurisdictional objections, deferred bifurcation, and directed issuance of Procedural Order No. 1.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
- 17 March 2015Arbitration
17 March 2015Arbitration
Procedural Order No. 1 dated 17 March 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal issued the first procedural order governing the arbitration, including the applicable ICSID Arbitration Rules, party representation, the procedural calendar, the place of proceeding in Washington, D.C., and the conduct of written and oral phases.
Supporting details
4 authorities · 23 participantsTransglobal Green Energy, LLC
- Representative
- David Weiss (For: Transglobal Green Energy, LLC · Transglobal Green Energy de Panama, S.A.)
- Representative
- Enrique Reyes (For: Transglobal Green Energy, LLC · Transglobal Green Energy de Panama, S.A.)
- Representative
- Jeffrey Carlitz (For: Transglobal Green Energy, LLC · Transglobal Green Energy de Panama, S.A.)
Transglobal Green Energy de Panama, S.A.
- Representative
- David Weiss (For: Transglobal Green Energy, LLC · Transglobal Green Energy de Panama, S.A.)
- Representative
- Enrique Reyes (For: Transglobal Green Energy, LLC · Transglobal Green Energy de Panama, S.A.)
- Representative
- Jeffrey Carlitz (For: Transglobal Green Energy, LLC · Transglobal Green Energy de Panama, S.A.)
Republic of Panama
- Representative
- Whitney Debevoise (For: Republic of Panama)
- Representative
- Gaela K. Gehring Flores (For: Republic of Panama)
- Representative
- Pedro G. Soto (For: Republic of Panama)
- Representative
- Natalia Giraldo-Carrillo (For: Republic of Panama)
- Representative
- Laura Castro (For: Republic of Panama)
- Representative
- Roberto Aguirre Luzi (For: Republic of Panama)
- Representative
- Don Stringham (For: Republic of Panama)
Andres Rigo Sureda
International Centre for Settlement of Investment Disputes
- Arbitrator
- Christoph H. Schreuer
- Arbitrator
- Jan Paulsson
- Tribunal secretary
- Mercedes Cordido-Freytes de Kurowski
- Institutional administrator
- Betzy Castro
- Institutional administrator
- Roberto Meana
- Institutional administrator
- Noemi Tile
- Institutional administrator
- Victor Urrutia
- Institutional administrator
- Aristides Valdonedo
- Institutional administrator
- Mariel Nunez
10 months and 4 days later · 310 days
- 21 January 2016Arbitration
21 January 2016Arbitration
Decision on the Respondent's Request for Provisional Measures Relating to Security for Costs dated 21 January 2016
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal rejected Respondent's request for provisional measures requiring Claimants to post security for costs. It found the measure of doubtful need and urgency and considered that the potential limitation on Claimants' procedural rights outweighed the relatively minor increase in arbitration costs.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
- 21 January 2016Arbitration
21 January 2016Arbitration
Procedural Order No. 2 dated 21 January 2016
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal ordered that Respondent's jurisdictional objections be determined as a preliminary question and suspended the proceedings on the merits. It allowed Claimants 60 days to file a Counter-Memorial on Jurisdiction and confirmed that it would later decide whether another round of submissions was warranted.
Supporting details
2 authoritiesInternational Centre for Settlement of Investment Disputes
2 months and 4 days later · 64 days
- 25 March 2016Arbitration
25 March 2016Arbitration
Procedural Order No. 3 dated 25 March 2016
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal denied Claimants' Suspension Request, stated that it was ready to decide Respondent's jurisdictional objections on the current written record, invited the Parties to address whether the jurisdictional phase should be limited to written submissions, and reserved its position on costs.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
2 months and 8 days later · 69 days
- 2 June 2016Arbitration
2 June 2016Arbitration
Award dated 2 June 2016
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal upheld Respondent's objection based on abuse of process and did not consider the remaining jurisdictional objections. It awarded Respondent the costs of the arbitration as determined in the final financial statement and legal fees and expenses of US$2,209,532.70, with post-award interest at LIBOR plus two percentage points compounded annually. It rejected the request for remaining administrative-account funds and dismissed all other requests for relief.
Supporting details
4 authoritiesInternational Centre for Settlement of Investment Disputes