07/22/2026 | Press release | Distributed by Public on 07/23/2026 09:18
Decision on Jurisdiction
Decision on Jurisdiction (February 7, 2020) English (Original)
| Date | Development |
| December 17, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
| March 19, 2016 | Following appointment by the Claimants, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator. |
| April 3, 2016 | Following appointment by the Respondent, Marcelo G. Kohen (Argentine) accepts his appointment as arbitrator. |
| August 26, 2016 | The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention. |
| September 28, 2016 |
Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Donald M. McRae (Canadian/New Zealand) accepts his appointment as presiding arbitrator. |
| September 28, 2016 |
The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Donald M. McRae (Canadian/ New Zealand), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Francisco Orrego Vicuña (Chilean), appointed by the Claimants; and Marcelo G. Kohen (Argentine), appointed by the Respondent. |
| November 30, 2016 | The Tribunal holds a first session by telephone. |
| December 6, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| December 9, 2016 | The Respondent files a request to address the objections to jurisdiction as a preliminary question and a request for the Tribunal to decide on production of documents. |
| January 12, 2017 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question and the request for the Tribunal to decide on production of documents. |
| January 23, 2017 | The Respondent files a revised request concerning a proceeding on jurisdiction. |
| January 24, 2017 | The Tribunal holds a second session in London. |
| February 13, 2017 | The Tribunal issues Procedural Order No. 2 concerning the procedural calendar. |
| September 27, 2017 | The Claimants file a request for reconsideration of the Tribunal's Procedural Order No. 1. |
| October 4, 2017 | The Respondent files observations on the Claimants' request of September 27, 2017. |
| October 11, 2017 | The Claimants file response to Respondent's observations of October 4, 2017. |
| October 19, 2017 | The Tribunal issues Procedural Order No. 3 concerning the Claimants' request of September 27, 2017. |
| December 15, 2017 |
The Claimants file a memorial on the merits. |
| February 9, 2018 |
The Tribunal issues Procedural Order No. 4 concerning production of documents. |
| March 16, 2018 |
The Respondent files a memorial on jurisdiction. |
| June 1, 2018 |
The Claimants file a counter-memorial on jurisdiction. |
| July 27, 2018 |
The Respondent files a reply on jurisdiction. |
| September 7, 2018 |
The Claimants file a rejoinder on jurisdiction. |
| September 13, 2018 |
A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| September 19, 2018 |
The Respondent files observations on the non-disputing party's application. |
| October 2, 2018 |
Following the passing away of arbitrator Francisco Orrego Vicuña (Chilean), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
| November 9, 2018 |
Following the passing away of arbitrator Francisco Orrego-Vicuña, Alejandro Escobar (Chilean/U.S.) appointed by the Claimants, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1). |
| November 9, 2018 |
The Tribunal is reconstituted. Its members are: Donald M. McRae (Canadian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Alejandro Escobar (Chilean/U.S.), appointed by the Claimants; and Marcelo G. Kohen (Argentine), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
| December 14, 2018 |
The Claimants file observations on the non-disputing party's application. |
| December 21, 2018 |
The Respondent files further observations on the non-disputing party's application. |
| January 9, 2019 |
The Tribunal issues Procedural Order No. 5 concerning the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| February 13, 2019 |
The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
| February 28, 2019 |
Each party files observations on the non-disputing party's written submission. |
| March 7, 2019 |
Each party files a response to the other party's observations on the non-disputing party's written submission. |
| April 12, 2019 |
The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
| April 17, 2019 |
The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
| May 17, 2019 - May 18, 2019 |
The Tribunal holds a hearing on jurisdiction in Washington, D.C. |
| June 20, 2019 |
Each party files a statement of costs. |
| February 7, 2020 |
The Tribunal issues a decision on jurisdiction. |
| March 9, 2020 |
The Respondent files an application for security for costs. |
| March 9, 2020 |
The Respondent files a request for security for costs. |
| April 3, 2020 |
The Tribunal issues Procedural Order No. 7 concerning the procedural calendar. |
| May 7, 2020 |
The Claimants file observations on the request for security for costs. |
| June 8, 2020 |
The Tribunal issues Procedural Order No. 8 concerning the Respondent's request for security for costs. |
| September 28, 2020 |
The Tribunal issues Procedural Order No. 9 concerning publication. |
| October 9, 2020 |
The Respondent files a counter-memorial on the merits. |
| October 27, 2020 |
The Tribunal issues Procedural Order No. 10 concerning the procedural calendar. |
| January 8, 2021 |
The Tribunal issues Procedural Order No. 11 concerning production of documents. |
| April 29, 2021 |
The Tribunal issues Procedural Order No. 12 concerning production of documents. |
| August 16, 2021 |
The Tribunal issues Procedural Order No. 13 concerning production of documents. |
| September 30, 2021 |
The Tribunal issues Procedural Order No. 14 concerning production of documents. |
| November 2, 2021 |
The Tribunal issues Procedural Order No. 15 concerning the procedural calendar. |
| March 18, 2022 |
The Claimants file a reply on the merits. |
| September 9, 2022 |
The Respondent files a rejoinder on the merits. |
| October 14, 2022 |
The Claimants file a request for reconsideration of the Tribunal's decision of June 8, 2020 and for issuance of an interim costs order. |
| October 17, 2022 |
The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
| October 24, 2022 |
The Tribunal issues Procedural Order No. 16 concerning the organization of the hearing. |
| October 27, 2022 |
The Respondent files observations on the Claimants' request of October 14, 2022. |
| November 4, 2022 |
The Claimants file a response to the Respondent's observations of October 17, 2022. |
| November 25, 2022 |
The Tribunal issues Procedural Order No. 17 concerning the organization of the hearing. |
| November 30, 2022 |
The Tribunal issues Procedural order No. 18 concerning the Claimants' request of October 14, 2022. |
| December 13, 2022 |
The Claimants file a request to admit new documents into the record. |
| December 20, 2022 |
The Respondent files observations on the Claimants' request to admit new documents into the record. |
| December 22, 2022 |
The Claimants file a response to the Respondent's observations of December 20, 2022. |
| January 4, 2023 |
The Tribunal issues Procedural Order No. 19 concerning a remote hearing attendance protocol. |
| January 4, 2023 |
The Tribunal issues Procedural Order No. 20 concerning the Claimants' request of December 13, 2022 to admit new documents into the record. |
| January 25, 2023 - February 7, 2023 |
The Tribunal holds a hearing on jurisdiction and the merits in person in London and by video conference. |
| May 2, 2023 |
Each party files a post-hearing brief. |
| February 20, 2024 |
Each party files a statement of costs. |
| May 21, 2024 |
The Tribunal issues a decision on liability. |
| December 13, 2024 |
Each party files a submission on quantum, costs and security for costs. |
| February 10, 2025 |
Following exchanges between the Parties, the Claimants file a request for the Tribunal to decide on production of documents. |
| February 19, 2025 |
The Tribunal decides on production of documents. |
| May 27, 2025 |
Each party files a submission on quantum, costs and security for costs. |
| June 23, 2025 |
The Respondent files a reply to the Claimants' submission of May 27, 2025. |
| July 7, 2025 |
The Claimants file a reply to the Respondent's submission of June 23, 2025. |
| February 6, 2026 |
The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
| March 17, 2026 |
The Tribunal renders its award. |
| Date | Development |
| July 22, 2026 |
The Secretary-General registers an application for partial annulment of the award filed by the Republic of Cyprus. |