Arbitral Digest

Matter

Aaron C. Berkowitz, Brett E. Berkowitz and Trevor B. Berkowitz v. Republic of Costa Rica (ICSID Case No. UNCT/13/2)

Case no.
UNCT/13/2
Seat
United States
Applicable rules
The UNCITRAL Arbitration Rules 2010
  1. 26 February 2014United States

    26 February 2014United States

    Procedural Order No. 1 dated 26 February 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the applicable UNCITRAL Arbitration Rules, confirmed the tribunal constitution and procedural framework, recorded ICSID as administering authority, and set the place of arbitration and procedural timetable.

    Supporting details

    4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Mark A. Kantor
    Arbitrator
    Raul E. Vinuesa
    Tribunal secretary
    Anneliese Fleckenstein

    2 years, 7 months and 29 days later · 972 days

  2. 25 October 2016United States

    25 October 2016United States

    Interim Award dated 25 October 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that it lacked jurisdiction over claims concerning specified lots, retained limited jurisdiction over allegations concerning compensation assessments and later Costa Rican court judgments, reserved further procedure, and allocated the proceedings' costs to date equally between the parties.

    Supporting details

    7 participants
    Aaron C. Berkowitz
    Brett E. Berkowitz
    Trevor B. Berkowitz
    Republic of Costa Rica
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Mark A. Kantor
    Arbitrator
    Raul E. Vinuesa

    4 months and 3 days later · 126 days

  3. 28 February 2017United States

    28 February 2017United States

    Procedural Order on the Claimants' Request for a Stay dated 28 February 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimants' request to stay the arbitral proceedings pending the United States District Court's decision on the set-aside petition, holding that a stay was unwarranted and would be inequitable and prejudicial to the Respondent.

    Supporting details

    7 participants
    Aaron C. Berkowitz
    Brett E. Berkowitz
    Trevor B. Berkowitz
    Republic of Costa Rica
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Mark A. Kantor
    Arbitrator
    Raul E. Vinuesa

    3 months and 2 days later · 91 days

  4. 30 May 2017United States

    30 May 2017United States

    Corrected Interim Award dated 30 May 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal corrected the Interim Award, unanimously found no jurisdiction over claims concerning specified lots, retained limited jurisdiction concerning compensation assessments and later Costa Rican court judgments, allowed submissions on certain Article 10.5 allegations, reserved further procedure, and maintained the stated costs allocation.

    Supporting details

    7 participants
    Aaron C. Berkowitz
    Brett E. Berkowitz
    Trevor B. Berkowitz
    Republic of Costa Rica
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Mark A. Kantor
    Arbitrator
    Raul E. Vinuesa
  5. 30 May 2017United States

    30 May 2017United States

    Procedural Order on Correction and Termination of the Proceedings dated 30 May 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal corrected the factual predicate concerning Lot B1, took note of the Berkowitz Claimants' decision not to pursue their remaining claims, terminated the proceeding with respect to the Berkowitz Claimants and Lots B1, B3, B5, B6 and B8, and allocated costs between the parties and the Tribunal and Secretariat as ordered.

    Supporting details

    7 participants
    Aaron C. Berkowitz
    Brett E. Berkowitz
    Trevor B. Berkowitz
    Republic of Costa Rica
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Mark A. Kantor
    Arbitrator
    Raul E. Vinuesa

Matter record

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Aaron C. Berkowitz, Brett E. Berkowitz and Trevor B. Berkowitz v. Republic of Costa Rica (ICSID Case No. UNCT/13/2) · Matter