Arbitral Digest

Matter

Michael Anthony Lee-Chin v. Dominican Republic (ICSID Case No. UNCT/18/3)

Case no.
UNCT/18/3
Seat
United States
Applicable rules
1976 UNCITRAL Arbitration Rules
  1. 27 September 2017Dominican Republic

    27 September 2017Dominican Republic

    Superior Administrative Court Judgment No. 0030-2017-SSMC-00082 dated September 27, 2017

    Superior Administrative Court

    Decision summary
    The court ordered the provisional intervention and administration of the Duquesa Landfill by a commission composed of the Minister of Environmental and Natural Resources, the Minister of Public Health, and the Mayor of the Santo Domingo Norte Municipal District.

    1 year and 26 days later · 391 days

  2. 23 October 2018United States

    23 October 2018United States

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable for the arbitration, including representation, costs, document production, witness and expert evidence, and hearing procedure.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 days later · 2 days

  3. 25 October 2018Dominican Republic

    25 October 2018Dominican Republic

    Superior Administrative Court Judgment No. 0030-02-2018-SSEN-00357 dated October 25, 2018

    Superior Administrative Court

    Decision summary
    The court ruled on the nullification action filed by the Santo Domingo Norte Municipal District and declared the Concession Agreement null and void for violations of Law No. 340-06 on Public Procurement.

    1 year, 3 months and 17 days later · 474 days

  4. 11 February 2020United States

    11 February 2020United States

    Procedural Order No. 3 (Hearing Organization)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established rules for the organization and conduct of the jurisdiction hearing, including examination of witnesses and experts and the hearing schedule.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 4 days later · 155 days

  5. 15 July 2020United States

    15 July 2020United States

    Partial Award on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared that the dispute was within its jurisdiction, rejected the Respondent's jurisdictional objections, ordered continuation of the proceeding under a revised timetable, and deferred costs. The award was issued by majority, with a dissenting opinion by Marcelo Kohen.

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  6. 29 July 2020United States

    29 July 2020United States

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal addressed the procedural history and established a revised timetable for the merits and additional jurisdictional and admissibility phases.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 20 days later · 204 days

  7. 18 February 2021United States

    18 February 2021United States

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Parties' second requests for production of documents in the attached Redfern Schedules and ordered compliance with each production decision by March 11, 2021.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 months and 5 days later · 217 days

  8. 23 September 2021Dominican Republic

    23 September 2021Dominican Republic

    Judgment of the Fourth Chamber of the Dominican Court of Original Jurisdiction dated September 23, 2021

    Fourth Chamber of the Dominican Court of Original Jurisdiction

    Decision summary
    The court dismissed the Dominican Republic's action seeking to nullify the claimant's title over the land. The action was dismissed for lack of evidence because photocopies were presented instead of originals, subject to domestic remedies.

    1 month and 11 days later · 41 days

  9. 3 November 2021United States

    3 November 2021United States

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Claimant leave to introduce the Dominican court judgment into the arbitration record as Exhibit C-207 and noted that the Parties could comment further during the oral proceedings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 17 days later · 47 days

  10. 20 December 2021United States

    20 December 2021United States

    Procedural Order No. 8 (Hearing Organization)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the organization and procedure for the final hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 23 days later · 85 days

  11. 15 March 2022United States

    15 March 2022United States

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimant's request to introduce additional legal authorities at the late stage of the proceeding and confirmed that no new authorities should be referenced in the Parties' responses to the Tribunal's questions of February 14, 2022.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 6 months and 21 days later · 570 days

  12. 6 October 2023United States

    6 October 2023United States

    Final Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared that the dispute was within its jurisdiction, rejected the Respondent's jurisdictional objections, found that the Respondent breached the Treaty through expropriation, failure to provide fair and equitable treatment, and breach of the umbrella clause, and ordered compensation of USD 43,590,090 plus interest. It rejected all other claims and ordered each Party to bear its own costs and 50% of the arbitration costs. The award was issued by majority, with a dissenting opinion by Marcelo Kohen.

    Supporting details

    5 participants
    Michael Anthony Lee-Chin
    Dominican Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Marcelo Kohen

    4 months and 23 days later · 146 days

  13. 29 February 2024United States

    29 February 2024United States

    Decision on Rectification

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's Request for Rectification of the Final Award in its entirety, including the alternative request for an additional award, and ordered the Respondent to pay all costs resulting from the rectification proceeding, including the Claimant's costs, the arbitrators' fees and expenses, and direct expenses.

    Supporting details

    5 participants
    Michael Anthony Lee-Chin
    Dominican Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Marcelo Kohen

Matter record

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Michael Anthony Lee-Chin v. Dominican Republic (ICSID Case No. UNCT/18/3) · Matter