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Serafín García Armas and Karina García Gruber v. Bolivarian Republic of Venezuela, PCA Case No. 2013-3

Short Name:

García Armas and García Gruber v. Venezuela

Applicable Procedural Rules:
Seat of Arbitration:
Applicable Treaty:
Applicable Legal Instruments:
Amount of Damages:
US $214,251,375
Other Remedy:
The Tribunal ordered Venezuela to pay Claimants USD 138.6M in damages, plus interest and costs, following partial annulment of the award by the Paris Court of Appeal.

Available documents

8 May 2013
Decision on Challenge to Guido Santiago Tawil (Spanish)
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
Decision on Challenge to Guido Santiago Tawil (Spanish)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
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Entities
Document Summary
Decision on Challenge to Guido Santiago Tawil (Spanish)
This summary note is machine-generated. Always consult the original materials.


15 Dec 2014
Decision on Jurisdiction (Spanish)
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PARTICIPANTS
Decision on Jurisdiction (Spanish)
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Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
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Document Summary
Decision on Jurisdiction (Spanish)
This summary note is machine-generated. Always consult the original materials.


25 Apr 2017
Decision of the Paris Court of Appeal on the Set Aside Application (French)
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
Decision of the Paris Court of Appeal on the Set Aside Application (French)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
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Tribunal assistant
Country
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Entities
Document Summary
Decision of the Paris Court of Appeal on the Set Aside Application (French)
This summary note is machine-generated. Always consult the original materials.


5 Jul 2017
Decision on the Proposal to Disqualify all Members of the Arbitral Tribunal (Spanish)
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
Decision on the Proposal to Disqualify all Members of the Arbitral Tribunal (Spanish)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
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Entities
Document Summary
Decision on the Proposal to Disqualify all Members of the Arbitral Tribunal (Spanish)
This summary note is machine-generated. Always consult the original materials.


12 Feb 2018
Decision on Challenge to Guido Santiago Tawil (Spanish)
Document Details:
PARTICIPANTS
Decision on Challenge to Guido Santiago Tawil (Spanish)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision on Challenge to Guido Santiago Tawil (Spanish)
This summary note is machine-generated. Always consult the original materials.


13 Feb 2019
Judgment of the French Court of Cassation on the Set Aside Application (French)
Document Details:
PARTICIPANTS
Judgment of the French Court of Cassation on the Set Aside Application (French)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
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Entities
Document Summary
Judgment of the French Court of Cassation on the Set Aside Application (French)
This summary note is machine-generated. Always consult the original materials.


25 Mar 2019
Decision on the Proposal to Disqualify all Members of the Arbitral Tribunal (Spain)
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
Decision on the Proposal to Disqualify all Members of the Arbitral Tribunal (Spain)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision on the Proposal to Disqualify all Members of the Arbitral Tribunal (Spain)
This summary note is machine-generated. Always consult the original materials.


26 Apr 2019
Revision Decision (Spanish)
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
Revision Decision (Spanish)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Revision Decision (Spanish)
This summary note is machine-generated. Always consult the original materials.


26 Apr 2019
Final Award (Spanish)
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
Final Award (Spanish)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Final Award (Spanish)
This summary note is machine-generated. Always consult the original materials.


3 Jun 2020
Judgment of Paris Court of Appeal (French)
Document Details:
PARTICIPANTS
Judgment of Paris Court of Appeal (French)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Judgment of Paris Court of Appeal (French)
This summary note is machine-generated. Always consult the original materials.


27 Jun 2023
Judgement of the Paris Court of Appeal (French)
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Judgement of the Paris Court of Appeal (French)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Respondent appointee
Tribunal/Panel chair
Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Judgement of the Paris Court of Appeal (French)
This summary note is machine-generated. Always consult the original materials.


24 Oct 2023
Decision on Set Aside of Revision Decision
Decision on Set Aside of Merits Award
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Decision on Set Aside of Revision Decision
Decision on Set Aside of Merits Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision on Set Aside of Revision Decision
Decision on Set Aside of Merits Award
This summary note is machine-generated. Always consult the original materials.


2 Jul 2024
Judgement of Paris Court of Appeal (French)
Judgement of Paris Court of Appeal (Unofficial English Translation)
Document Details:
PARTICIPANTS
Judgement of Paris Court of Appeal (French)
Judgement of Paris Court of Appeal (Unofficial English Translation)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Judgement of Paris Court of Appeal (French)
Judgement of Paris Court of Appeal (Unofficial English Translation)
This summary note is machine-generated. Always consult the original materials.


6 May 2026
Judgment of the French Cour de cassation (French)
Document Details:
PARTICIPANTS
Judgment of the French Cour de cassation (French)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
Print reporter
Entities
Document Summary
Judgment of the French Cour de cassation (French)
This summary note is machine-generated. Always consult the original materials.


Case Summary
This summary note is machine-generated. Always consult the original materials.

In Serafín García Armas and Karina García Gruber v. Venezuela, a PCA-administered tribunal under the 1995 Spain-Venezuela BIT faced a jurisdictional challenge that escalated through the French courts. The dispute was initiated by dual Spanish-Venezuelan nationals over measures against their food sector investments. The Paris-seated tribunal, composed of Eduardo Grebler (President), Guido Santiago Tawil, and Rodrigo Oreamuno Blanco, affirmed its jurisdiction in a preliminary award on December 15, 2014. Venezuela sought to set aside the jurisdictional award before the Paris Court of Appeal, which led to a protracted legal battle involving a partial annulment, a subsequent quashing of that decision by the Cour de Cassation, and a remittal back to the Court of Appeal. During this period, Venezuela also unsuccessfully challenged the claimants' appointed arbitrator, Guido Santiago Tawil, in a 2018 decision by the PCA's designated appointing authority. Ultimately, in a judgment of June 27, 2023, the Court of Appeal rejected Venezuela's challenge, a decision that was subsequently confirmed when the Cour de Cassation dismissed Venezuela's final appeal on May 6, 2026, definitively upholding the tribunal's jurisdiction. While the jurisdictional challenges were ongoing, the arbitral tribunal proceeded to the merits. In a separate procedural track, Venezuela also filed two applications in 2016 asking the arbitral tribunal itself to revise its 2014 jurisdictional award, alleging that the claimants had committed fraud by submitting forged corporate documents. In a decision issued on the same day as the Final Award, April 26, 2019, the tribunal dismissed these applications for revision as inadmissible. It found them to be untimely under both the parties' procedural agreements and the law of the seat, and noted that Venezuela had already raised the same fraud arguments in the parallel court proceedings, constituting an abuse of process. In its Final Award of April 26, 2019, the tribunal unanimously found Venezuela liable for breaching the BIT. It determined that the series of measures taken against the claimants' companies—including inspections, inventory seizures, and the imposition of an administrative board—were not a legitimate exercise of police powers but constituted an illegal indirect expropriation under Article V. The tribunal also found violations of the Fair and Equitable Treatment standard (Article IV) and the prohibition on arbitrary measures (Article III), characterizing Venezuela's actions as disproportionate and lacking due process. On quantum, the tribunal awarded the claimants a total of approximately USD 214.3 million in damages, plus interest and costs. Venezuela subsequently launched further set-aside proceedings in Paris against both the Final Award and the decision rejecting its applications for revision. In two judgments issued on October 24, 2023, the Paris Court of Appeal dismissed the challenge against the decision on revision. However, in its judgment on the Final Award, the Court partially granted Venezuela's application. It found that a portion of the damages—USD 75.7 million awarded for supplier guarantees—was linked to a proven tax fraud scheme in Chile involving one of the claimants' companies. Holding that enforcing this part of the award would violate international public policy, the Court annulled the corresponding compensation and interest. It rejected all other grounds for annulment, upholding the remainder of the award, which valued the expropriated shares at approximately USD 138.6 million.