Arbitral Digest

Matter

Fernando Paiz Andrade and Anabella Schloesser de León de Paiz v. Republic of Honduras (ICSID Case No. ARB/23/43)

Case no.
ARB/23/43
Applicable rules
ICSID Convention - Arbitration Rules
  1. 22 July 2024Arbitration

    22 July 2024Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable for the arbitration, provided for equal sharing of direct proceeding costs subject to the final allocation of costs, and identified Washington, D.C. as the place of the proceeding.

    Supporting details

    7 participants
    Fernando Paiz Andrade
    Anabella Schloesser de León de Paiz
    Republic of Honduras
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Nicolas Angelet
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Gabriela Gonzalez Giraldez
  2. 22 July 2024Arbitration

    22 July 2024Arbitration

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted transparency and confidentiality rules for the proceeding, including publication of orders, decisions, the Award, written submissions, and hearing transcripts subject to procedures for protected information and redactions, while hearing recordings would not be published.

    Supporting details

    7 participants
    Fernando Paiz Andrade
    Anabella Schloesser de León de Paiz
    Republic of Honduras
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Nicolas Angelet
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Gabriela Gonzalez Giraldez

    4 months and 28 days later · 151 days

  3. 20 December 2024Arbitration

    20 December 2024Arbitration

    Procedural Order No. 3: Decision on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent's Request for Bifurcation as to Preliminary Objections 1, 2, 4, and 5, denied it as to Preliminary Objection 3, directed the arbitration to proceed under Procedural Calendar No. 2, and reserved costs.

    Supporting details

    6 participants
    Fernando Paiz Andrade
    Anabella Schloesser de León de Paiz
    Republic of Honduras
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Nicolas Angelet
    Arbitrator
    Brigitte Stern

    3 months and 15 days later · 105 days

  4. 4 April 2025Arbitration

    4 April 2025Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the parties to address the Additional Objections and whether they should be bifurcated or joined to the merits, required briefing on the Treaty limitation period, ownership and control of the investment, and the alleged purely contractual nature of the claims, and stated that it would decide bifurcation after the Rejoinder on Jurisdictional Objections.

    Supporting details

    6 participants
    Fernando Paiz Andrade
    Anabella Schloesser de León de Paiz
    Republic of Honduras
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Nicolas Angelet
    Arbitrator
    Brigitte Stern

    3 months and 27 days later · 118 days

  5. 31 July 2025Arbitration

    31 July 2025Arbitration

    Procedural Order No. 6: Decision on Bifurcation of Additional Objections

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that Additional Objections 1 and 3 would not be bifurcated, while Additional Objection 2 concerning the Claimants' ownership and control over the investment would be bifurcated, and reserved costs.

    Supporting details

    6 participants
    Fernando Paiz Andrade
    Anabella Schloesser de León de Paiz
    Republic of Honduras
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Nicolas Angelet
    Arbitrator
    Brigitte Stern

    11 months and 19 days later · 354 days

  6. 20 July 2026Arbitration

    20 July 2026Arbitration

    Decision on Objections to Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a decision on objections to jurisdiction; a dissenting opinion by arbitrator Brigitte Stern was attached.

    Supporting details

    6 participants
    Fernando Paiz Andrade
    Anabella Schloesser de León de Paiz
    Republic of Honduras
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Nicolas Angelet
    Arbitrator
    Brigitte Stern

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Fernando Paiz Andrade and Anabella Schloesser de León de Paiz v. Republic of Honduras (ICSID Case No. ARB/23/43) · Matter