Kimberly-Clark Dutch Holdings, B.V., Kimberly-Clark S.L.U., and Kimberly-Clark BVBA v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/18/3)

Procedural record

1. 5 November 2021France

   5 November 2021France

   Award dated 5 November 2021

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Arbitral Tribunal found that it lacked jurisdiction to hear the claims because the Respondent had not consented to arbitrate them under the Additional Facility Rules. It ordered the Claimants to bear the arbitration costs and each Party to bear its own costs.

   Participants

   Kimberly-Clark Dutch Holdings, B.V.

   Kimberly-Clark S.L.U.

   Kimberly-Clark BVBA

   Bolivarian Republic of Venezuela

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Gabrielle Kaufmann-Kohler

   Arbitrator

   David R. Haigh

   Arbitrator

   Brigitte Stern

   Authorities cited

   6

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Opened for signature at Washington on 18 March 1965)
     statute
   • Agreement on Encouragement and Reciprocal Protection of Investments between the Republic of Venezuela and the Kingdom of the Netherlands (1788 UNTS I-31069)
     statute
   • Agreement Between the Kingdom of Spain and the Republic of Venezuela on the Reciprocal Promotion and Protection of Investments (1996 UNTS I-34150)
     statute
   • Agreement Between the Belgo-Luxembourg Economic Union and the Republic of Venezuela on the Reciprocal Promotion and Protection of Investments (2254 UNTS I-40183)
     statute
   • Agreement Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Venezuela for the Promotion and Protection of Investments (1957 UNTS 75)
     statute
   • Vienna Convention on the Law of Treaties (23 May 1969)
     statute