Arbitral Digest

Matter

Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/04/6)

Case no.
ARB(AF)/04/6
Applicable rules
ICSID Additional Facility Rules in effect from January 1, 2003
  1. 22 August 2008Arbitration

    22 August 2008Arbitration

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal joined the Respondent's main legality objection to the merits, denied the other three jurisdictional objections, and reserved allocation of the jurisdiction-phase costs; the Tribunal's jurisdiction was confirmed by majority in the later Award.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 years, 4 months and 25 days later · 1608 days

  2. 16 January 2013Arbitration

    16 January 2013Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal, by majority, rejected the Respondent's objections to jurisdiction and decided that it had jurisdiction. It unanimously dismissed all claims under the Canada-Venezuela Bilateral Investment Treaty and ordered each Party to bear its own costs and one-half of the costs of the Tribunal and of ICSID.

    Supporting details

    9 authorities · 28 participants
    Vannessa Ventures Ltd.
    Representative
    John B. Laskin (For: Vannessa Ventures Ltd.)
    Representative
    John A. Terry (For: Vannessa Ventures Ltd.)
    Representative
    Christopher Greenwood (For: Vannessa Ventures Ltd.)
    Representative
    Torys LLP (For: Vannessa Ventures Ltd.)
    Representative
    Essex Court Chambers (For: Vannessa Ventures Ltd.)
    Bolivarian Republic of Venezuela
    Representative
    Arnold & Porter LLP (For: Bolivarian Republic of Venezuela)
    Representative
    Winston & Strawn LLP (For: Bolivarian Republic of Venezuela)
    Representative
    Cilia Flores (For: Bolivarian Republic of Venezuela)
    Representative
    Ronald E.M. Goodman (For: Bolivarian Republic of Venezuela)
    Representative
    Janis H. Brennan (For: Bolivarian Republic of Venezuela)
    Representative
    Alberto Wray (For: Bolivarian Republic of Venezuela)
    Representative
    Melida Hodgson (For: Bolivarian Republic of Venezuela)
    Representative
    Foley Hoag LLP (For: Bolivarian Republic of Venezuela)
    Representative
    Paolo Di Rosa (For: Bolivarian Republic of Venezuela)
    Representative
    Gaela Gehring Flores (For: Bolivarian Republic of Venezuela)
    Representative
    Paul Reichler (For: Bolivarian Republic of Venezuela)
    Representative
    Geraldine Fischer (For: Bolivarian Republic of Venezuela)
    Representative
    Angelica Villagran-Aguero (For: Bolivarian Republic of Venezuela)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Vaughan Lowe
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Ann Catherine Kettlewell
    Other

    Authorities cited

    9
    • Canada-Venezuela Bilateral Investment Treaty (Agreement between the Government of Canada and the Government of the Republic of Venezuela for the Promotion and Protection of Investments, July 1, 1996)
      statute
    • Salini Costruttori S.p.A. v. Kingdom of Morocco (ICSID Case No. ARB/00/4, Decision on Jurisdiction, July 23, 2001)
      case law
    • Impregilo S.p.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/03/3, Decision on Jurisdiction, April 22, 2005)
      case law
    • Consortium RFCC v. Kingdom of Morocco (ICSID Case No. ARB/00/6, Award, December 22, 2003)
      case law
    • Waste Management v. United Mexican States (ICSID Case No. ARB(AF)/00/3, Award, April 30, 2004)
      case law
    • Loewen Group v. United States of America (ICSID Case No. ARB(AF)/98/3, Award, June 26, 2003)
      case law
    • Alex Genin v. Republic of Estonia (ICSID Case No. ARB/99/2, Award, June 25, 2001)
      case law
    • Occidental Exploration and Production Company v. Republic of Ecuador (LCIA Case No. UN 3467, Award, July 1, 2004)
      case law
    • El Paso Energy International Company v. Argentine Republic (ICSID Case No. ARB/03/15, Award, October 31, 2011)
      case law

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Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/04/6) · Matter