Arbitral Digest

Matter

The Lopez-Goyne Family Trust and others v. Republic of Nicaragua (ICSID Case No. ARB/17/44)

Case no.
ARB/17/44
Seat
United States
  1. 13 November 2020United States

    13 November 2020United States

    Procedural Order No. 2 dated November 13, 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' outstanding objections to document production and ordered production of the documents specified by the Tribunal within 14 days.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 5 days later · 97 days

  2. 18 February 2021United States

    18 February 2021United States

    Procedural Order No. 1 (Amended) dated February 18, 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural framework for the arbitration, including the applicable ICSID Arbitration Rules, the place of proceeding, and the procedural schedule.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 10 days later · 252 days

  3. 28 October 2021United States

    28 October 2021United States

    Procedural Order No. 3 (Amended) dated October 28, 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization, schedule, and virtual format of the hearing on jurisdiction, merits, the counterclaim, and quantum.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 4 months and 1 day later · 489 days

  4. 1 March 2023United States

    1 March 2023United States

    Award dated March 1, 2023

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal held that it had jurisdiction over the Claim, found that Nicaragua had not breached Articles 10.5 and 10.7 of the Treaty, held that it lacked jurisdiction over the Counterclaim, rejected the remaining claims and defenses, and ordered the Claimants to pay Nicaragua US$1,500,000 for costs and expenses.

    Supporting details

    3 authorities · 50 participants
    The Republic of Nicaragua
    Representative
    Paul S. Reichler (For: The Republic of Nicaragua)
    Representative
    Tafadzwa Pasipanodya (For: The Republic of Nicaragua)
    Representative
    Christina Beharry (For: The Republic of Nicaragua)
    Representative
    Diego Cadena (For: The Republic of Nicaragua)
    Representative
    Madeleine K. Rodriguez (For: The Republic of Nicaragua)
    Representative
    Peter Shults (For: The Republic of Nicaragua)
    Representative
    Nicholas Renzler (For: The Republic of Nicaragua)
    Representative
    Eva Paloma Treves (For: The Republic of Nicaragua)
    Representative
    Elisa Mendez Brautigam (For: The Republic of Nicaragua)
    Representative
    Audrey Nadler (For: The Republic of Nicaragua)
    Representative
    Christina Iruela Lane (For: The Republic of Nicaragua)
    Representative
    Rachel Tepper (For: The Republic of Nicaragua)
    Michael David Goyne
    Emily Lopez-Goyne
    David Michael Goyne
    Esther Valentina Goyne
    James John Bochnowski
    Janet Anne Bochnowski
    David A. Barish
    Gale Ruth Feuer Barish
    James Douglas Goyne
    Anita Mejarito-Guzman Ross
    Elsbeth Irene Foster
    Scott Stuart Shogreen
    Eloisa Lopez Shogreen
    Harold Orris Shattuck
    Diane Elizabeth Radu
    Walter John Bilger
    The Lopez-Goyne Family Trust
    Representative
    Jean-Paul Dechamps (For: The Lopez-Goyne Family Trust)
    Representative
    Gustavo Topalian (For: The Lopez-Goyne Family Trust)
    Representative
    Pablo Jaroslavsky (For: The Lopez-Goyne Family Trust)
    Representative
    Juan Ignacio Gonzalez Mayer (For: The Lopez-Goyne Family Trust)
    Representative
    Marcos G. A. Sassot (For: The Lopez-Goyne Family Trust)
    Representative
    Tariq Baloch (For: The Lopez-Goyne Family Trust)
    Representative
    Noel Vidaurre Arguello (For: The Lopez-Goyne Family Trust)
    Representative
    Pastor Lovo Castellon (For: The Lopez-Goyne Family Trust)
    The Goyne Family Trust
    The Bochnowski Family Trust
    The Barish Family Trust of 2008
    Hills Exploration Corporation
    LG Hawaii Oil & Gas, Inc.
    LG Hawaii Development Corporation
    Industria Oklahoma Nicaragua S.A.
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Gregorio Baldoli
    Tribunal secretary
    Catherine Kettlewell

    Authorities cited

    3
    • Dominican Republic-Central America-United States Free Trade Agreement, August 5, 2004
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States, March 18, 1965
      convention
    • Nicaraguan Special Law on Hydrocarbon Exploration and Exploitation No. 286, March 18, 1998
      statute

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The Lopez-Goyne Family Trust and others v. Republic of Nicaragua (ICSID Case No. ARB/17/44) · Matter