Case Details
Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A v. Argentine Republic (ICSID Case No. ARB/03/19)
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Water services concession
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Water, Sanitation & Flood Protection
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BIT France - Argentina 1991, BIT Spain - Argentina 1991
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ICSID Convention - Arbitration Rules
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Sociedad General de Aguas de Barcelona S.A. (Spanish), Suez (French), Vivendi Universal S.A. (French)
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Argentine Republic (Argentine)
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July 17, 2003
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February 17, 2004
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Jeswald W. SALACUSE (U.S.) - Appointed by the Chairman of the Administrative Council
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Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Claimant(s)
Pedro NIKKEN (Venezuelan) - Appointed by the Respondent(s) -
Freshfields Bruckhaus Deringer, Paris, France and Washington, D.C., U.S.A.
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Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
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English,Spanish
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Concluded
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April 9, 2015 - The Tribunal renders its award.
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Respondent(s)
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August 21, 2015 (Respondent(s))
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October 23, 2015
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Klaus SACHS (German)
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Trevor A. CARMICHAEL (Barbadian)
Rodrigo OREAMUNO (Costa Rican) -
Procurador del Tesoro de la Nación, Buenos Aires, Argentina
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Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
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English,Spanish
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Concluded
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May 5, 2017 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
Introductory Note
Order in Response to a Petition for Transparency and Participation as Amicus Curiae of May 19, 2005, [English original] 21 ICSID Rev.—FILJ 342 (2006); [Spanish original] 21 ICSID Rev.—FILJ 351 (2006).
Procedural Order No. 1 Concerning the Discontinuance of Proceedings with Respect to Aguas Argentinas S.A.
Decision on Jurisdiction
Order in Response to a Petition by Five Non-Governmental Organizations for Permission to make an Amicus Curiae Submission
Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal
Award - English (Original) (April 9, 2015)
Available on the ICSID Website
Introductory Note (May 19, 2005)
Order in Response to a Petition for Transparency and Participation as Amicus Curiae (May 19, 2005) English (Original); Spanish (Original)
Procedural Order No. 1 Concerning the Discontinuance of Proceedings with Respect to Aguas Argentinas S.A. (April 14, 2006) English (Original); Spanish (Original)
Decision on Jurisdiction (August 3, 2006) English (Original); Spanish (Original)
Order in Response to a Petition by Five Non-Governmental Organizations for Permission to make an Amicus Curiae Submission (February 12, 2007) English (Original); Spanish (Original)
Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal (October 22, 2007) English (Original); Spanish (Original)
(b) Annulment Proceeding
Published Decisions
Decision on Annulment
Available on the ICSID Website
Decision on Annulment (May 5, 2017) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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July 17, 2003 | The Acting Secretary-General registers a request for institution of arbitration proceedings. |
February 17, 2004 | The Tribunal is constituted. Its members are: Jeswald W. Salacuse (U.S.), President; Gabrielle Kaufmann-Kohler (Swiss); and Pedro Nikken (Venezuelan). |
June 7, 2004 | The Tribunal holds a session in Washington, D.C. |
January 3, 2005 | The Claimants file their memorial on the merits. |
January 27, 2005 | A Petition for Transparency and Participation as Amicus Curiae is filed by non-disputing parties. |
February 16, 2005 | The Tribunal invites the parties to submit observations on the Petition for Transparency and Participation as Amicus Curiae. |
February 28, 2005 | The Respondent files its memorial on jurisdiction. |
March 14, 2005 | The parties file their observations on the Petition for Transparency and Participation as Amicus Curiae. |
April 6, 2005 | The Claimants file their counter-memorial on jurisdiction. |
May 11, 2005 | The Tribunal holds a hearing on jurisdiction in Washington, D.C. |
May 19, 2005 | The Tribunal issues an order in response to a Petition for Transparency and Participation as Amicus Curiae. |
March 24, 2006 | Following Aguas Argentinas, S.A.'s withdrawal of its claim, the Tribunal issues an order concerning the discontinuance of the proceeding with respect to Aguas Argentinas, S.A. |
August 3, 2006 | The Tribunal issues a decision on jurisdiction and a procedural order concerning the continuation of the proceeding on the merits. |
December 8, 2006 | The Respondent files a counter-memorial on the merits. |
March 30, 2007 | The Claimants file a reply on the merits. |
April 4, 2007 | Five non-governmental organizations file an amicus curiae submission. |
August 17, 2007 | The Respondent files a rejoinder on the merits. |
September 7, 2007 | The Respondent files a request for production of documents and informs the Tribunal of alleged new facts. |
September 24, 2007 | The Claimants file objections to certain documents filed with the Respondent’s rejoinder. |
October 1, 2007 | The Claimants file a response to the Respondent’s submission of September 7, 2007. The Respondent files a response to the Claimants' submission of September 24, 2007. |
October 15, 2007 | The Respondent files a proposal for the disqualification of an arbitrator; the proceeding is suspended. |
October 16, 2007 | The arbitrator furnishes explanations in regard to the proposal for disqualification. |
October 17, 2007 | The Claimants file observations on the proposal for disqualification. |
October 18, 2007 | The Respondent files further comments on the proposal for disqualification. |
October 22, 2007 | The proposal for disqualification is declined; the proceeding is resumed. The Tribunal issues a decision on matters. |
October 29, 2007 - November 8, 2007 | The Tribunal holds a hearing on the merits in Washington, D.C. |
November 29, 2007 | The Respondent files a second proposal for the disqualification of the arbitrator; the proceeding is suspended. |
December 21, 2007 | The arbitrator furnishes explanations in regard to the second proposal for disqualification. |
December 24, 2007 | The Claimants file observations on the second proposal for disqualification. |
January 7, 2008 | The parties file additional observations on the proposal for disqualification. |
February 29, 2008 | The Respondent files an expert report in support of its proposal for disqualification. |
March 3, 2008 | The Tribunal requests further explanations from the arbitrator. |
March 5, 2008 | The Claimants file observations on the expert report filed by the Respondent. |
March 7, 2008 | The Respondent files a response to the Claimants’ observations of March 5, 2008. |
March 10, 2008 | The Claimants file additional observations on the expert report. |
March 13, 2008 | The arbitrator furnishes additional explanations in regard to the second proposal for disqualification. |
March 25, 2008 | The parties file final observations on the second proposal for disqualification. |
May 12, 2008 | The second proposal for disqualification of the arbitrator is declined; the proceeding is resumed. |
June 18, 2008 | The parties file post-hearing briefs. |
July 30, 2010 | The Tribunal issues a decision on Liability; attached to the decision is an individual opinion by one of the arbitrators. |
June 15, 2011 | The Tribunal issues a procedural order concerning the appointment of a financial expert. |
August 3, 2011 | The Tribunal appoints a financial expert. |
December 28, 2011 | The Tribunal issues a procedural order concerning documents to be provided to the financial expert and the calendar for submissions on damage adjustments. |
February 8, 2012 | The Tribunal issues further directions concerning its December 28, 2011 Procedural Order. |
March 15, 2012 | Each party files a submission on damage adjustments. |
May 18, 2012 | Each party files a reply submission on damage adjustments. |
June 6, 2012 | The Claimants file a request for the inadmissibility of new evidence. |
July 10, 2012 | The financial expert requests additional documentation from the parties. |
July 11, 2012 | The Respondent files observations on the Claimants´request for the inadmissibility of new evidence. |
August 10, 2012 | The Tribunal issues a procedural order concerning admissibility of evidence. |
August 15, 2012 | Each party files a response to the financial expert's request for additional documentation. |
October 18, 2012 | The Claimants file a written submission pursuant to the Tribunal's procedural order of August 10, 2012. |
February 19, 2013 | The Tribunal issues a procedural order concerning admissibility of evidence. |
September 19, 2013 - September 21, 2013 | The Tribunal holds a hearing on quantum in Washington, D.C. |
October 21, 2013 | The Claimants file a submission on costs. |
October 22, 2013 | The Respondent files a submission on costs. |
October 28, 2013 | The Respondent files observations on the Claimants' submission on costs. |
November 4, 2013 | The Claimants file a response to the Respondent's observations of October 28, 2013. |
February 20, 2015 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
April 9, 2015 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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August 21, 2015 | The Secretary-General registers an application for annulment of the award filed by the Argentine Republic, and notifies the parties of the provisional stay of enforcement of the award. |
October 23, 2015 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Klaus Sachs (German), President; Trevor Carmichael (Barbadian); and Rodrigo Oreamuno (Costa Rican); all members appointed by the Chairman of the Administrative Council. |
November 24, 2015 | The ad hoc Committee holds a first session by telephone conference. |
November 26, 2015 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
December 22, 2015 | The Argentine Republic files a request to continue the stay of enforcement of the award. |
January 19, 2016 | Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A file observations on the Argentine Republic’s request to continue the stay of enforcement of the award. |
February 10, 2016 | The Argentine Republic files a reply on the request to continue the stay of enforcement of the award. |
February 24, 2016 | The Argentine Republic files a memorial on annulment. |
March 3, 2016 | Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A file a rejoinder on the request to continue the stay of enforcement of the award. |
March 23, 2016 | The ad hoc Committee holds a hearing on the stay of enforcement of the award in Washington, D.C. |
May 24, 2016 | Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A file a counter-memorial on annulment. |
June 7, 2016 | The ad hoc Committee issues a decision on the stay of enforcement. |
July 18, 2016 | The Argentine Republic files a reply on annulment. |
September 12, 2016 | Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A file a rejoinder on annulment. |
November 8, 2016 - November 9, 2016 | The Committee holds a hearing on annulment in Washington, D.C. |
May 1, 2017 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
May 5, 2017 | The ad hoc Committee issues its decision on annulment. |