Arbitral Digest

Matter

Orazul International España Holdings S.L. v. Argentine Republic (ICSID Case No. ARB/19/25)

Case no.
ARB/19/25
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 24 August 2020Arbitration

    24 August 2020Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable for the arbitration, confirmed its constitution and representation, addressed cost advances, and designated Washington, D.C. as the place of the proceeding.

    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 (ICSID Convention)
      convention
    • ICSID Arbitration Rules in force as of 10 April 2006 (ICSID Arbitration Rules, 2006)
      rules

    4 months and 14 days later · 136 days

  2. 7 January 2021Arbitration

    7 January 2021Arbitration

    Decision on the Respondent's Request for Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's request to bifurcate the proceedings, directed the Parties to follow Scenario 2.2 of the Procedural Timetable, and reserved its decision on costs.

    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 (ICSID Convention)
      convention
    • ICSID Arbitration Rules in force as of 10 April 2006 (ICSID Arbitration Rules, 2006)
      rules

    1 year, 1 month and 3 days later · 399 days

  3. 10 February 2022Arbitration

    10 February 2022Arbitration

    Procedural Order No. 2 on the Production of Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's first two document requests and ordered the Claimant to produce the documents identified in requests (iii) and (iv), together with a complete Form F1 and its annexes under request (v).

    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 (ICSID Convention)
      convention
    • ICSID Arbitration Rules in force as of 10 April 2006 (ICSID Arbitration Rules, 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    3 months and 23 days later · 112 days

  4. 2 June 2022Arbitration

    2 June 2022Arbitration

    Procedural Order No. 3 on the Production of Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the Claimant to produce the ordered documents unredacted and in full, subject to any exemptions of disclosure notified by the Respondent, and invited the Parties to provide comments on the documents.

    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 (ICSID Convention)
      convention
    • ICSID Arbitration Rules in force as of 10 April 2006 (ICSID Arbitration Rules, 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    29 days later · 29 days

  5. 1 July 2022Arbitration

    1 July 2022Arbitration

    Procedural Order No. 4 on the Organization of the Hearing

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural rules and arrangements governing the organization and conduct of the hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 10 days later · 72 days

  6. 11 September 2022Arbitration

    11 September 2022Arbitration

    Decision on the Claimant's Proposal to Disqualify Dr. Inka Hanefeld

    International Centre for Settlement of Investment Disputes

    Decision summary
    The unchallenged arbitrators dismissed the Claimant's proposal to disqualify Dr. Inka Hanefeld under Article 57 of the ICSID Convention.

    Supporting details

    1 authority
    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)
      convention

    2 months and 28 days later · 89 days

  7. 9 December 2022Arbitration

    9 December 2022Arbitration

    Procedural Order No. 5 Concerning the Respondent's Requests for Disclosure

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's requests (A), (a), and (d), found request (B) resolved, and took note of the Respondent's reservation of rights concerning requests (b) and (c).

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • ICSID Arbitration Rules in force as of 10 April 2006 (ICSID Arbitration Rules, 2006)
      rules

    1 month and 10 days later · 41 days

  8. 19 January 2023Arbitration

    19 January 2023Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's requests (a) and (c), and took note that request (b) was satisfied.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Mathias Kruck and others v. Spain (ICSID Case No. ARB/15/23, Decision on Jurisdiction and Admissibility, 19 April 2021)
      case law
    • Tradex Hellas S.A. v. Republic of Albania (ICSID Case No. ARB/94/2, Award, 29 April 1999)
      case law

    10 months and 25 days later · 329 days

  9. 14 December 2023Arbitration

    14 December 2023Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that it had jurisdiction over the Claimant's claims and that they were admissible. By majority, it rejected the Claimant's claims in their entirety, ordered each Party to bear its own costs and half of the arbitration costs, and rejected all other claims and pleas for relief.

    Supporting details

    3 authorities · 5 participants
    Orazul International Espana Holdings S.L.
    Argentine Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Inka Hanefeld
    Arbitrator
    David R. Haigh
    Arbitrator
    Alain Pellet

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • ICSID Arbitration Rules in force as of 10 April 2006 (ICSID Arbitration Rules, 2006)
      rules
    • Agreement Between Argentina and the Kingdom of Spain on the Reciprocal Promotion and Protection of Investments (Argentina-Spain BIT, 3 October 1991)
      treaty

Matter record

Report a correction

Orazul International España Holdings S.L. v. Argentine Republic (ICSID Case No. ARB/19/25) · Matter