Arbitral Digest

Matter

Optima Ventures LLC, Optima 7171 LLC and Optima 55 Public Square LLC v. United States of America (ICSID Case No. ARB/21/11)

Case no.
ARB/21/11
Seat
Netherlands
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 20 December 2022Netherlands

    20 December 2022Netherlands

    Decision on the Claimants' Proposal to Disqualify Mr. M. as Arbitrator

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Chair upheld the Claimants' proposal to disqualify Mr. M. because his concurrent relationship with the Respondent and service as arbitrator created the appearance of a manifest lack of impartiality. All other grounds for disqualification were rejected.

    Supporting details

    2 authorities · 8 participants
    Optima Ventures LLC
    Optima 7171 LLC
    Optima 55 Public Square LLC
    United States of America
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jan Paulsson
    Arbitrator
    David Malpass
    Arbitrator
    Mr. M.
    Tribunal secretary
    Gonzalo Flores

    Authorities cited

    2
    • Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic (ICSID Case No. ARB/07/26)
      case law
    • Saint-Gobain Performance Plastics Europe v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/13)
      case law

    3 months later · 90 days

  2. 20 March 2023Netherlands

    20 March 2023Netherlands

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural rules governing the arbitration, including the applicable ICSID Arbitration Rules, the place of proceeding as The Hague, the Netherlands, the procedural timetable, and provisions on representation, costs, document production, hearings, and related procedure.

    Supporting details

    7 participants
    Optima Ventures LLC
    Optima 7171 LLC
    Optima 55 Public Square LLC
    United States of America
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jan Paulsson
    Arbitrator
    David A. Pawlak
    Tribunal secretary
    Gonzalo Flores

    9 months and 30 days later · 305 days

  3. 19 January 2024Netherlands

    19 January 2024Netherlands

    Decision on the Respondent's Preliminary Objections under Arbitration Rule 41(5)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's preliminary objections under Arbitration Rule 41(5), finding that the objections did not meet the threshold for summary dismissal. It reserved costs for a later stage and stated that the decision was without prejudice to positions or arguments pursued outside the Rule 41(5) procedure.

    Supporting details

    3 authorities · 7 participants
    Optima Ventures LLC
    Optima 7171 LLC
    Optima 55 Public Square LLC
    United States of America
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jan Paulsson
    Arbitrator
    David A. Pawlak
    Tribunal secretary
    Gonzalo Flores

    Authorities cited

    3
    • Trans-Global Petroleum, Inc. v. Jordan (ICSID Case No. ARB/07/25)
      case law
    • PNG Sustainable Development Program Ltd. v. Papua New Guinea (ICSID Case No. ARB/13/33)
      case law
    • Mainstream Renewable Power, Ltd et al. v. Germany (ICSID Case No. ARB/21/26)
      case law

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Optima Ventures LLC, Optima 7171 LLC and Optima 55 Public Square LLC v. United States of America (ICSID Case No. ARB/21/11) · Matter