Arbitral Digest

Matter

[J] [Y] [O] and [T] [Y] [C] v Bolivarian Republic of Venezuela (Paris Court of Appeal RG 19/13397)

Case no.
CPA Case No. 2013-3
Applicable rules
1976 UNCITRAL Arbitration Rules
  1. 15 December 2014Arbitration

    15 December 2014Arbitration

    Partial Award on Jurisdiction

    Permanent Court of Arbitration

    Decision summary
    The arbitral tribunal declared that it had jurisdiction over the claims brought by [J] [Y] [O] and [T] [Y] [C] against Venezuela.

    Supporting details

    4 participants
    Bolivarian Republic of Venezuela
    [J] [Y] [O]
    [T] [Y] [C]
    Permanent Court of Arbitration
    Institutional administrator
    Permanent Court of Arbitration

    4 years, 4 months and 11 days later · 1593 days

  2. 26 April 2019Arbitration

    26 April 2019Arbitration

    Decision on the First and Second Revision Applications

    Permanent Court of Arbitration

    Decision summary
    The tribunal unanimously rejected the First and Second Revision Applications as inadmissible and ordered that their costs be borne by Venezuela and included in the provisions of the Final Award.

    Supporting details

    2 authorities · 7 participants
    Bolivarian Republic of Venezuela
    [J] [Y] [O]
    [T] [Y] [C]
    Permanent Court of Arbitration
    Arbitrator
    [P] [B]
    Arbitrator
    [A] [S] [I]
    Arbitrator
    [F] [H]
    Institutional administrator
    Permanent Court of Arbitration

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • Spain–Venezuela Bilateral Treaty for the Promotion and Reciprocal Protection of Investments of 2 November 1995
      treaty
  3. 26 April 2019Arbitration

    26 April 2019Arbitration

    Final Award

    Permanent Court of Arbitration

    Decision summary
    The arbitral tribunal found that Venezuela had violated the Spain–Venezuela investment treaty and international law and ordered it to compensate [J] [Y] [O] and [T] [Y] [C].

    Supporting details

    4 participants
    Bolivarian Republic of Venezuela
    [J] [Y] [O]
    [T] [Y] [C]
    Permanent Court of Arbitration
    Institutional administrator
    Permanent Court of Arbitration

    4 years, 5 months and 28 days later · 1642 days

  4. 24 October 2023France

    24 October 2023France

    Judgment of the Paris Court of Appeal in case RG 19/13397 dated 24 October 2023

    Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16

    Case no.
    RG 19/13397
    Decision summary
    The court rejected Venezuela's application to set aside the tribunal's 26 April 2019 Decision on the First and Second Revision Applications in CPA Case No. 2013-3. It held that the tribunal had rejected the revision applications as inadmissible rather than declining jurisdiction, and that the grounds advanced did not establish a basis for annulment. The rejection conferred exequatur on the arbitral decision; Venezuela was ordered to pay EUR 100,000 to [J] [Y] [O] and [T] [Y] [C] under Article 700 of the French Code of Civil Procedure and to bear the costs.

    Supporting details

    3 authorities · 14 participants
    Bolivarian Republic of Venezuela
    Representative
    Luca DE MARIA (For: Bolivarian Republic of Venezuela)
    Representative
    Alfredo DE JESUS O. (For: Bolivarian Republic of Venezuela)
    [J] [Y] [O]
    Representative
    Matthieu BOCCON GIBOD (For: [J] [Y] [O] · [T] [Y] [C])
    Representative
    Shaparak SALEH (For: [J] [Y] [O] · [T] [Y] [C])
    Representative
    Eugénie WROBEL (For: [J] [Y] [O] · [T] [Y] [C])
    Representative
    Ilan BRUN-VARGAS (For: [J] [Y] [O] · [T] [Y] [C])
    Representative
    Christophe SERAGLINI (For: [J] [Y] [O] · [T] [Y] [C])
    [T] [Y] [C]
    Representative
    Matthieu BOCCON GIBOD (For: [J] [Y] [O] · [T] [Y] [C])
    Representative
    Shaparak SALEH (For: [J] [Y] [O] · [T] [Y] [C])
    Representative
    Eugénie WROBEL (For: [J] [Y] [O] · [T] [Y] [C])
    Representative
    Ilan BRUN-VARGAS (For: [J] [Y] [O] · [T] [Y] [C])
    Representative
    Christophe SERAGLINI (For: [J] [Y] [O] · [T] [Y] [C])
    Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16
    Court clerk
    Najma EL FARISSI

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • Spain–Venezuela Bilateral Treaty for the Promotion and Reciprocal Protection of Investments of 2 November 1995
      treaty
    • 1976 UNCITRAL Arbitration Rules
      rules

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[J] [Y] [O] and [T] [Y] [C] v Bolivarian Republic of Venezuela (Paris Court of Appeal RG 19/13397) · Matter