Case Details
Dick Fernando Abanto Ishivata v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/18/6)
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Telecommunication concession
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Information & Communication
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BIT Venezuela, Republica Bolivariana de - Peru 1996
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ICSID Additional Facility - Arbitration Rules
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Dick Fernando Abanto Ishivata (Peruvian)
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Bolivarian Republic of Venezuela (Venezuelan)
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November 6, 2018
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October 8, 2019
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Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
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Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Antolín FERNÁNDEZ ANTUÑA (Spanish) - Appointed by the Respondent(s) -
Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
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Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Santiago TORRES BERNÁRDEZ (Spanish) - Appointed by the Respondent(s) -
December 23, 2021: Antolín FERNÁNDEZ ANTUÑA (Spanish) appointed following the resignation of Santiago TORRES BERNÁRDEZ (Spanish)
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Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Dechamps International Law, London, U.K.
D’Empaire Reyna Abogados, Caracas, Venezuela -
Procuraduría General de la República, Caracas, Venezuela
Guglielmino & Asociados, Buenos Aires, Argentina -
Spanish
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Pending
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July 8, 2024 -
The Tribunal declares the proceeding closed in accordance with Article 44(1) of the Arbitration (Additional Facility) Rules.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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November 6, 2018 | The Secretary-General registers a request for the institution of arbitration proceedings. |
February 26, 2019 | Following appointment by the Claimant, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator. |
April 2, 2019 | Following appointment by the Respondent, Santiago Torres Bernárdez (Spanish) accepts his appointment as arbitrator. |
October 8, 2019 | The Tribunal is constituted in accordance with Article 6(3) of the Arbitration (Additional Facility) Rules. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility) Rules; Horacio A. Grigera Naón (Argentine), appointed by the Claimant; and Santiago Torres Bernárdez (Spanish), appointed by the Respondent. |
October 8, 2019 | Following appointment by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility) Rules, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator. |
December 3, 2019 | The Tribunal holds a preliminary procedural consultation by telephone conference. |
February 3, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
February 21, 2020 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
March 12, 2020 | The Claimant files a memorial on the merits. |
March 17, 2020 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
May 16, 2020 | The Respondent files a proposal for disqualification of arbitrator Horacio Grigera Naón. The proceeding is suspended in accordance with ICSID Arbitration (Additional Facility) Rule 15(7). |
May 29, 2020 | The Claimant files observations on the proposal for disqualification. |
June 2, 2020 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration (Additional Facility) Rule 15(4). |
June 10, 2020 | The Respondent files observations on the arbitrator explanations regarding the proposal for disqualification. |
June 23, 2020 | The Claimant files further observations on the proposal for disqualification. |
October 26, 2020 | The proposal for disqualification of Horacio Grigera Naón is declined by the Secretary-General of ICSID. The proceeding is resumed pursuant to Article 15(7) of the Arbitration (Additional Facility) Rules. |
February 26, 2021 | The Respondent files a counter-memorial on the merits, a memorial on jurisdiction and a request for bifurcation. |
April 9, 2021 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
May 7, 2021 | The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
May 24, 2021 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
June 28, 2021 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
July 23, 2021 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
September 24, 2021 | The Tribunal issues Procedural Order No. 7 concerning third party funding. |
October 21, 2021 | Following the resignation of arbitrator Santiago Torres Bernárdez, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to Article 16(2) of the Arbitration (Additional Facility) Rules. |
December 23, 2021 | The Tribunal is reconstituted. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with Article 6(4) of the ICSID Arbitration (Additional Facility) Rules; Horacio A. Grigera Naón (Argentine), appointed by the Claimant; and Antolín Fernández Antuña (Spanish), appointed by the Respondent. The proceeding is resumed pursuant to Article 18 of the ICSID Arbitration (Additional Facility) Rules. |
January 20, 2022 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
April 12, 2022 | The Tribunal issues Procedural Order No. 8 concerning third party funding. |
May 26, 2022 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
July 6, 2022 | The Claimant files a rejoinder on jurisdiction. |
July 15, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
July 25, 2022 | The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing. |
August 2, 2022 - August 5, 2022 | The Tribunal holds a hearing on jurisdiction and the merits in The Hague. |
August 29, 2022 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |
January 3, 2023 | The Tribunal issues Procedural Order No. 11 concerning procedural matters. |
March 17, 2023 | The Claimant files a first round of closing submissions. |
March 18, 2023 | The Respondent files a first round of closing submissions. |
April 14, 2023 | The Claimant files a second round of closing submissions. |
April 15, 2023 | The Respondent files a second round of closing submissions. |
May 19, 2023 | Each party files a submission on costs. |
July 8, 2024 | The Tribunal declares the proceeding closed in accordance with Article 44(1) of the Arbitration (Additional Facility) Rules. |