Arbitral Digest

Matter

Corona Materials, LLC v. Dominican Republic (ICSID Case No. ARB(AF)/14/3)

Case no.
ARB(AF)/14/3
Seat
United States
Applicable rules
ICSID Additional Facility Rules
  1. 16 December 2015United States

    16 December 2015United States

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework and timetable for the arbitration, including representation, advances on costs, the seat, languages, pleadings, evidence, hearings, and publication.

    Supporting details

    5 participants
    Corona Materials, LLC
    Dominican Republic
    International Centre for Settlement of Investment Disputes

    3 months and 14 days later · 105 days

  2. 30 March 2016United States

    30 March 2016United States

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal determined the procedure for the hearing on expedited objections, including equal hearing time, expert presentations, video-conference examination of Jaime David Fernandez Mirabal, post-hearing briefs, and the decision deadline.

    Supporting details

    3 participants
    Corona Materials, LLC
    Dominican Republic
    International Centre for Settlement of Investment Disputes
    Other

    20 days later · 20 days

  3. 19 April 2016United States

    19 April 2016United States

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal confirmed the parties' agreement that the arbitrators could agree and sign the award by correspondence without meeting at the seat, and that the award would be deemed made at Washington, D.C. wherever it was signed.

    Supporting details

    5 participants
    Corona Materials, LLC
    Dominican Republic
    International Centre for Settlement of Investment Disputes

    1 month and 12 days later · 42 days

  4. 31 May 2016United States

    31 May 2016United States

    Award on the Respondent's Expedited Preliminary Objections in Accordance with Article 10.20.5 of the DR-CAFTA

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal held that Corona Materials had not satisfied the three-year limitation condition under DR-CAFTA Article 10.18.1, that the request for arbitration was time-barred, and that the Tribunal had no jurisdiction over the claims. Each party was ordered to pay half of the arbitration costs and to bear its own legal fees and expenses.

    Supporting details

    8 authorities · 12 participants
    Corona Materials, LLC
    Dominican Republic
    International Centre for Settlement of Investment Disputes
    Other

    Authorities cited

    8
    • Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA)
      statute
    • Dominican Republic Law No. 64-00 on the Environment and Natural Resources
      statute
    • Dominican Republic Mining Law No. 146-00
      statute
    • Mondev International Ltd. v. United States of America (ICSID Case No. ARB(AF)/99/2)
      case law
    • Marvin Roy Feldman v. United Mexican States (ICSID Case No. ARB(AF)/99/1)
      case law
    • Grand River Enterprises Six Nations, Ltd. et al. v. United States of America (NAFTA/UNCITRAL Arbitration)
      case law
    • The Renco Group, Inc. v. Republic of Peru (UNCT-13-1)
      case law
    • Reinhard Hans Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/09/20)
      case law

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Corona Materials, LLC v. Dominican Republic (ICSID Case No. ARB(AF)/14/3) · Matter