Arbitral Digest

Matter

Bridgestone Licensing Services, Inc. and Bridgestone Americas, Inc. v. Republic of Panama (ICSID Case No. ARB/16/34)

Case no.
ARB/16/34
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 11 July 2017Arbitration

    11 July 2017Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable for the arbitration, including the ICSID Arbitration Rules in force as of April 2006, Washington, D.C. as the place of proceeding, English as the procedural language, written and oral procedures, document production, witness and expert evidence, hearings, transparency, and costs procedures.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      Convention
    • United States-Panama Trade Promotion Agreement
      Treaty

    1 month and 13 days later · 44 days

  2. 24 August 2017Arbitration

    24 August 2017Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal identified the procedural questions for the hearing on the expedited objections and invited the Claimants to file observations on the Respondent's request for reconsideration.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • United States-Panama Trade Promotion Agreement
      Treaty

    5 days later · 5 days

  3. 29 August 2017Arbitration

    29 August 2017Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the preliminary session and hearing on the expedited objections, including oral submissions, hearing bundles, transcripts, public access, and statements of costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 days later · 5 days

  4. 3 September 2017Arbitration

    3 September 2017Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    After hearing the parties' submissions at the preliminary session, the Tribunal decided that the evidentiary rule in Article 10.20(4)(c) of the U.S.-Panama TPA did not apply and that it would address the issues on the evidence.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • United States-Panama Trade Promotion Agreement
      Treaty

    3 months and 10 days later · 101 days

  5. 13 December 2017Arbitration

    13 December 2017Arbitration

    Decision on Expedited Objections

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed Objections Nos. 1, 3, and 4; dismissed Objection No. 2 for damage sustained within Panama but allowed it for damage sustained outside Panama; allowed Objection No. 5 against Bridgestone Americas, Inc. on the grounds advanced in support of Objection No. 2 but dismissed it against Bridgestone Licensing Services, Inc.; and reserved costs.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • United States-Panama Trade Promotion Agreement
      Treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      Convention

    1 month and 17 days later · 48 days

  6. 30 January 2018Arbitration

    30 January 2018Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal governed the next procedural steps after the Decision on Expedited Objections.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 months and 25 days later · 237 days

  7. 24 September 2018Arbitration

    24 September 2018Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal governed the next stage of the merits phase and the parties' procedural timetable.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 19 days later · 80 days

  8. 13 December 2018Arbitration

    13 December 2018Arbitration

    Ruling on Claimants' Application to Remove the Respondent's Expert Witness as to Panamanian Law

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimants' application to remove Jorge Federico Lee as the Respondent's expert witness and ordered the Claimants to pay the Respondent's reasonable costs relating to the application, to be assessed if necessary and incorporated into the final Award.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      Convention
    • IBA Rules on the Taking of Evidence in International Arbitration
      Rules
    • Panamanian Judicial Code
      Code

    1 month and 2 days later · 33 days

  9. 15 January 2019Arbitration

    15 January 2019Arbitration

    Procedural Order No. 7 - On Document Production

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal made orders concerning document production and attached the parties' document-production schedules as annexes.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 14 days later · 73 days

  10. 29 March 2019Arbitration

    29 March 2019Arbitration

    Procedural Order No. 8 - Production of Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal made further orders on the production of documents requested by the Claimants.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 days later · 6 days

  11. 4 April 2019Arbitration

    4 April 2019Arbitration

    Procedural Order No. 9 - Confidentiality Order

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal endorsed the parties' confidentiality agreement and ordered that Restricted Information be produced and handled under specified confidentiality conditions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    19 days later · 19 days

  12. 23 April 2019Arbitration

    23 April 2019Arbitration

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal permitted the Claimants to file a Supplemental Reply, amended confidentiality arrangements to permit disclosure to Thomas Kingsbury and Adan Arnulfo Arjona on specified terms, and directed further document production and the Respondent's Rejoinder.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 5 days later · 66 days

  13. 28 June 2019Arbitration

    28 June 2019Arbitration

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimants' application to strike Gabriel Fried's expert report and decided that Jan Paulsson's expert report would remain on the record.

    Supporting details

    International Centre for Settlement of Investment Disputes

    13 days later · 13 days

  14. 11 July 2019Arbitration

    11 July 2019Arbitration

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization, evidence, confidentiality, interpretation, reporting, post-hearing briefing, and costs arrangements for the merits hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 1 month and 3 days later · 400 days

  15. 14 August 2020Arbitration

    14 August 2020Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimants' claim and ordered the Claimants to pay the Respondent US$6,941,085.73 with interest at the Wall Street Journal Prime Rate plus 2% from the date of the Award until full payment.

    Supporting details

    1 authority · 3 participants
    Bridgestone Licensing Services, Inc.
    Bridgestone Americas, Inc.
    Republic of Panama
    International Centre for Settlement of Investment Disputes

    Authorities cited

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

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Bridgestone Licensing Services, Inc. and Bridgestone Americas, Inc. v. Republic of Panama (ICSID Case No. ARB/16/34) · Matter