ICSID - International Centre for Settlement of Investment Disputes
ICSID - International Centre for Settlement of Investment Disputes
04/08/2025 | Press release | Archived content
Respondent’s Memorial on Preliminary Objections and Counter-Memorial on the Merits
BA Desarrollos LLC v. Argentine Republic (ICSID Case No. ARB/23/32)
Proceeding
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Subject of Dispute:Real Estate Project
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Economic Sector:Construction
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Instrument(s) Invoked: (i)BIT United States of America - Argentina 1991
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Applicable Rules:ICSID Convention - Arbitration Rules
(a) Original Proceeding
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Claimant(s)/Nationality(ies): (i)BA Desarrollos LLC (U.S.)
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Respondent(s):Argentine Republic (Argentine)
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Date Registered:August 4, 2023
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Date of Constitution of Tribunal:November 27, 2023
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Composition of Tribunal
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President:Deva VILLANUA GOMEZ (Spanish) - Appointed by the Parties
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Arbitrators:Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Luis Alberto GONZÁLEZ GARCÍA (British, Mexican) - Appointed by the Respondent(s)
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Party Representatives
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Claimant(s):Freshfields US, New York, NY, U.S.A.
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Respondent(s):Procuración del Tesoro de la Nación, Buenos Aires, Argentina
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Language(s) of Proceeding:English,Spanish
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Status of Proceeding:Pending
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Latest Development:April 25, 2025 - Each party files observations on the non-disputing Treaty Party's written submission.
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7 - Decision on Bifurcation
Procedural Order No. 8
Procedural Order No. 8 Annex A
Procedural Order No. 8 Annex B
Procedural Order No. 9
Respondent's Memorial on Preliminary Objections and Counter-Memorial on the Merits
Available on the ICSID Website
Procedural Order No. 1 (March 15, 2024) English (Original); Spanish (Original)
Procedural Order No. 2 (April 29, 2024) English (Original); Spanish (Original)
Procedural Order No. 3 (June 20, 2024) English (Original); Spanish (Original)
Procedural Order No. 4 (July 19, 2024) English (Original); Spanish (Original)
Procedural Order No. 5 (August 15, 2024) English (Original); Spanish (Original)
Procedural Order No. 6 (September 2, 2024) English (Original); Spanish (Original)
Procedural Order No. 7 - Decision on Bifurcation (September 9, 2024) English (Original); Spanish (Original)
Procedural Order No. 8 (January 13, 2025) English (Original); Spanish (Original)
Procedural Order No. 8 Annex A (January 13, 2025) English (Original); Spanish (Original)
Procedural Order No. 8 Annex B (January 13, 2025) English (Original); Spanish (Original)
Procedural Order No. 9 (February 11, 2025) English (Original); Spanish (Original)
Respondent's Memorial on Preliminary Objections and Counter-Memorial on the Merits (November 25, 2024) English (Original)
(a) Original Proceeding
| Date | Development |
| August 4, 2023 |
The Secretary-General registers a request for the institution of arbitration proceedings. |
| October 5, 2023 |
Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator. |
| November 10, 2023 |
Following appointment by the Respondent, Luis González García (Mexican/British) accepts his appointment as arbitrator. |
| November 22, 2023 |
Following appointment by agreement of the parties, Deva Villanúa Gómez (Spanish), accepts her appointment as presiding arbitrator. |
| November 27, 2023 |
The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Deva Villanúa Gómez (Spanish), President, appointed by agreement of the parties; Stephen L. Drymer (Canadian), appointed by the Claimant; and Luis González García (Mexican/British), appointed by the Respondent. |
| January 26, 2024 |
The Tribunal holds a first session by video conference. |
| March 15, 2024 |
The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| March 29, 2024 |
The Claimant files a memorial on the merits. |
| April 29, 2024 |
The Tribunal issues Procedural Order No. 2 concerning production of documents. |
| June 20, 2024 |
The Tribunal issues Procedural Order No. 3 concerning production of documents. |
| June 28, 2024 |
The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44. |
| July 19, 2024 |
Following exchanges between the parties, the Tribunal issues Procedural Order No. 4 concerning redactions and production of documents. |
| August 8, 2024 |
The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
| August 15, 2024 |
Following exchanges between the parties, the Tribunal issues Procedural Order No. 5 concerning production of documents. |
| September 2, 2024 |
Following exchanges between the parties, the Tribunal issues Procedural Order No. 6 concerning redactions. |
| September 9, 2024 |
The Tribunal issues Procedural Order No. 7 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute. |
| November 25, 2024 |
The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
| January 13, 2025 |
Following exchanges between the parties, the Tribunal issues Procedural Order No. 8 concerning production of documents. |
| January 22, 2025 |
The United States of America files a non-disputing Treaty Party application pursuant to ICSID Arbitration Rule 68. |
| January 31, 2025 |
Each party files observations on the non-disputing Treaty Party's application. |
| February 11, 2025 |
The Tribunal issues Procedural Order No. 9 concerning the United States submission as non-disputing Treaty Party pursuant to ICSID Arbitration Rule 68(1). |
| March 17, 2025 |
The Tribunal issues Procedural Order No. 10 concerning production of documents and requests related to the non-disputing Treaty Party. |
| March 19, 2025 |
The Tribunal issues Procedural Order No. 11 concerning the Respondent's request to extend a deadline. |
| March 21, 2025 |
The United States of America files a written submission as a non-disputing Treaty Party pursuant to ICSID Arbitration Rule 68. |
| April 7, 2025 |
The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
| April 25, 2025 |
Each party files observations on the non-disputing Treaty Party's written submission. |
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