Arbitral Digest

Matter

Italba Corporation v. Oriental Republic of Uruguay (ICSID Case No. ARB/16/9)

Case no.
ARB/16/9
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 15 February 2017Arbitration

    15 February 2017Arbitration

    Decision on Claimant's Application for Provisional Measures and Temporary Relief

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected Italba Corporation's application for provisional measures and temporary relief, reminded the parties of their duty to act in good faith and preserve the integrity of the arbitration, and reserved costs to the final award or decision.

    Supporting details

    10 authorities · 12 participants
    Italba Corporation
    Representative
    Alexander Yanos (For: Italba Corporation)
    Representative
    Fara Tabatabai (For: Italba Corporation)
    Representative
    Paul S. Reichler (For: Italba Corporation)
    Representative
    Miguel Toma (For: Italba Corporation)
    Oriental Republic of Uruguay
    International Centre for Settlement of Investment Disputes
    Arbitrator
    John Beechey
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Marisa Planells-Valero
    Other

    Authorities cited

    10
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings 2006 (ICSID Arbitration Rules 2006)
      rules
    • Treaty Between the United States of America and the Oriental Republic of Uruguay Concerning the Encouragement and Reciprocal Protection of Investment (US-Uruguay Treaty, signed 4 November 2005)
      convention
    • Uruguay Criminal Code
      statute
    • Uruguay Commercial Companies Act
      statute
    • Uruguay Law No. 14,701 on Securities (Law No. 14,701)
      statute
    • Churchill Mining PLC and Planet Mining Pty Ltd. v. Republic of Indonesia (ICSID Case No. ARB/12/14, Procedural Order No. 14, 22 December 2014)
      case-law
    • SGS Societe Generale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/13, Procedural Order No. 2, 16 October 2002)
      case-law
    • Gustav F W Hamester GmbH & Co KG v. Republic of Ghana (ICSID Case No. ARB/07/24, Award, 18 June 2010)
      case-law
    • Teinver S.A. et al. v. Argentine Republic (ICSID Case No. ARB/09/1, Decision on Provisional Measures, 8 April 2016)
      case-law

    2 years, 1 month and 7 days later · 765 days

  2. 22 March 2019Arbitration

    22 March 2019Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld Uruguay's jurisdictional objection because Italba Corporation neither owned nor controlled Trigosul S.A., declared that it had no jurisdiction to settle the dispute, rejected Italba's request to disregard Professor Eugenio Xavier de Mello Ferrand's expert report, ordered Italba to pay the arbitration costs and Uruguay's legal and expert fees and expenses assessed at USD 5,885,344.17, and dismissed all other requests for relief.

    Supporting details

    4 authorities · 24 participants
    Italba Corporation
    Representative
    Alexander Yanos (For: Italba Corporation)
    Representative
    Carlos Ramos-Mrosovsky (For: Italba Corporation)
    Representative
    Kristen Bromberek (For: Italba Corporation)
    Representative
    Borja Alvarez Sanz (For: Italba Corporation)
    Representative
    Leticia Goni (For: Italba Corporation)
    Representative
    Fara Tabatabai (For: Italba Corporation)
    Representative
    Paul Reichler (For: Italba Corporation)
    Representative
    Clara Brillembourg (For: Italba Corporation)
    Expert
    Eugenio Xavier de Mello (For: Italba Corporation)
    Expert
    Daniel Flores (For: Italba Corporation)
    Expert
    Ettore Comi (For: Italba Corporation)
    Oriental Republic of Uruguay
    International Centre for Settlement of Investment Disputes
    Arbitrator
    John Beechey
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Marisa Planells-Valero
    Other
    Witness
    Leon Lev

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • Treaty Between the United States of America and the Oriental Republic of Uruguay Concerning the Encouragement and Reciprocal Protection of Investment (US-Uruguay Treaty, signed 4 November 2005)
      convention
    • Uruguay Commercial Companies Act
      statute
    • Uruguay Law No. 14,701 on Securities (Law No. 14,701)
      statute

    7 months and 7 days later · 221 days

  3. 29 October 2019Arbitration

    29 October 2019Arbitration

    Decision on the Proposal to Disqualify Mr. Gabriel Bottini

    International Centre for Settlement of Investment Disputes

    Decision summary
    The unchallenged members of the ad hoc Committee rejected Italba Corporation's proposal to disqualify Gabriel Bottini and requested him to continue informing the parties about circumstances that could raise doubts about his ability to exercise independent and impartial judgment.

    Supporting details

    4 authorities · 12 participants
    Italba Corporation
    Representative
    Alexander Yanos (For: Italba Corporation)
    Representative
    Carlos Ramos-Mrosovsky (For: Italba Corporation)
    Representative
    Kristen K. Bromberek (For: Italba Corporation)
    Representative
    Rajat Rana (For: Italba Corporation)
    Representative
    Paul S. Reichler (For: Italba Corporation)
    Representative
    Clara Brillembourg (For: Italba Corporation)
    Oriental Republic of Uruguay
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Monica Pinto
    Arbitrator
    Gabriel Bottini
    Tribunal secretary
    Celeste E. Salinas Quero

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings 2006 (ICSID Arbitration Rules 2006)
      rules
    • Saint-Gobain Performance Plastics Europe v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/13, Decision on Disqualification, 27 February 2013)
      case-law
    • Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. v. Argentine Republic (ICSID Case Nos. ARB/03/17 and ARB/03/19, Decision on Disqualification, 22 October 2007)
      case-law

    7 months and 18 days later · 231 days

  4. 16 June 2020Arbitration

    16 June 2020Arbitration

    Order of the Ad Hoc Committee Taking Note of the Discontinuance of the Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee ordered discontinuance of the annulment proceeding because the required advance was not paid and held that the provisional stay was automatically terminated.

    Supporting details

    3 authorities · 12 participants
    Italba Corporation
    Representative
    Alexander Yanos (For: Italba Corporation)
    Representative
    Carlos Ramos-Mrosovsky (For: Italba Corporation)
    Representative
    Kristen K. Bromberek (For: Italba Corporation)
    Representative
    Rajat Rana (For: Italba Corporation)
    Representative
    Paul S. Reichler (For: Italba Corporation)
    Representative
    Clara Brillembourg (For: Italba Corporation)
    Oriental Republic of Uruguay
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Monica Pinto
    Arbitrator
    Gabriel Bottini
    Tribunal secretary
    Celeste E. Salinas Quero

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings 2006 (ICSID Arbitration Rules 2006)
      rules
    • ICSID Administrative and Financial Regulations
      regulations

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Italba Corporation v. Oriental Republic of Uruguay (ICSID Case No. ARB/16/9) · Matter