Case Details
Gambrinus, Corp. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/31)
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Fertilizer enterprise
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Other Industry
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BIT Venezuela, Republica Bolivariana de - Barbados 1994
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ICSID Convention - Arbitration Rules
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Gambrinus, Corp. (Barbadian)
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Bolivarian Republic of Venezuela (Venezuelan)
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December 2, 2011
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April 24, 2012
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Piero BERNARDINI (Italian) - Appointed by the Parties
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Marc LALONDE (Canadian) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s) -
Skadden, Arps, Slate, Meagher & Flom, New York, NY, U.S.A. and London, U.K.
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Hogan Lovells, Caracas, Venezuela and Paris, France
Procuradoría General de la República, Caracas, Venezuela -
English,Spanish
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Concluded
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June 15, 2015 - The Tribunal renders its award.
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Claimant(s)
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October 16, 2015 (Claimant(s))
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January 15, 2016
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Cecil W.M. ABRAHAM (Malaysian)
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Skadden, Arps, Slate, Meagher & Flom, New York, NY, U.S.A. and London, U.K.
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Hogan Lovells, Caracas, Venezuela and Paris, France
Procuradoría General de la República, Caracas, Venezuela -
English,Spanish
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Concluded
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October 3, 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
Award of the Tribunal (English;)
(b) Annulment Proceeding
Published Decisions
Decision on Annulment (English;)
(a) Original Proceeding
Date | Development |
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December 2, 2011 | The Secretary-General registers a request for the institution of arbitration proceedings. |
February 8, 2012 | Following appointment by the Claimant, Marc Lalonde (Canadian) accepts his appointment as arbitrator. |
March 15, 2012 | Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator. |
April 24, 2012 | The Tribunal is constituted in accordance with Article 37 (2)(b) of the ICSID Convention. Its members are: Piero Bernardini (Italian), President, appointed by agreement of the parties; Marc Lalonde (Canadian), appointed by the Claimant; and Pierre-Marie Dupuy (French), appointed by the Respondent. |
April 24, 2012 | Following appointment by the parties, Piero Bernardini (Italian) accepts his appointment as presiding arbitrator. |
June 8, 2012 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
June 22, 2012 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
July 6, 2012 | The Respondent files a response to the Claimant’s observations of June 22, 2012. |
July 9, 2012 | The Claimant files further observations on the Respondent’s response of July 6, 2012. |
July 12, 2012 | The Tribunal holds a first session in Paris. |
July 23, 2012 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 30, 2012 | The Tribunal issues a decision on the Respondent's request to address the objections to jurisdiction as a preliminary question. |
November 30, 2012 | The Claimant files a memorial on jurisdiction, the merits, and quantum. |
May 17, 2013 | The Respondent files a counter-memorial on jurisdiction, the merits and quantum. |
August 30, 2013 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
November 29, 2013 | The Respondent files a rejoinder on jurisdiction, the merits and quantum. |
January 17, 2014 | The Claimant files a rejoinder on jurisdiction. |
February 24, 2014 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
March 10, 2014 - March 13, 2014 | The Tribunal holds a hearing on jurisdiction, merits, and quantum in Paris. |
March 18, 2014 | The Tribunal issues Procedural Order No. 2 concerning post-hearing submissions and other matters. |
May 16, 2014 | The Respondent files a submission on a jurisdictional argument, pursuant to Procedural Order No. 2. |
July 21, 2014 | The Claimant files observations on the Respondent’s submission of May 16, 2014, pursuant to Procedural Order No. 2. |
August 29, 2014 | Each party files a post-hearing brief. |
September 26, 2014 | Each party files a reply post-hearing brief. |
October 17, 2014 | Each party files a submission on costs. |
October 31, 2014 | Each party files observations on the other party’s submission on costs. |
April 21, 2015 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
June 15, 2015 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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October 16, 2015 | The Secretary-General registers an application for annulment of the award filed by Gambrinus, Corp. |
January 15, 2016 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Cecil W.M. Abraham (Malaysian), President; Hussein A. Hassouna (Egyptian); and Michael C. Pryles (Australian); all members appointed by the Chairman of the Administrative Council. |
March 10, 2016 | the ad hoc Committee holds a first session by telephone conference |
March 16, 2016 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
April 15, 2016 | Gambrinus, Corp. files a memorial on annulment. |
September 2, 2016 | The Bolivarian Republic of Venezuela files a counter-memorial on annulment. |
October 28, 2016 | Gambrinus, Corp. files a reply on annulment. |
December 23, 2016 | The Bolivarian Republic of Venezuela files a rejoinder on annulment. |
January 26, 2017 | The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters. |
February 9, 2017 - February 10, 2017 | The ad hoc Committee holds a hearing on annulment in Washington, D.C. |
March 12, 2017 | Each party files a statement of costs. |
August 4, 2017 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
October 3, 2017 | The ad hoc Committee issues its decision on annulment. |