Notice: We are currently performing maintenance to improve the italaw platform. The site remains fully accessible. Thank you for your patience.

AES v. Argentina, Procedural Order No. 2, March 12, 2026

12 Mar 2026
AES Corporation v. Argentine Republic, ICSID Case No. ARB/02/17 
View case details
Procedural Order No. 2
Document Details:
LISTED PARTICIPANTS
Procedural Order No. 2
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
Dário Moura Vicente
ICSID Annulment Committee members
José Antonio Moreno Rodríguez, Attila M. Tanzi
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
James M. Hosking, Silvia Marroquin, Nigel Blackaby, Juan Ignacio Amado Aranda, Maria Victoria Abut, Marc Daniel, Daniel Devougas, Caline Mouawad, Matilde Flores, Agustina Alfaro, Elliot Friedman, Sam Prevatt
Claimant's law firm
Respondent's counsel
Juan Ignacio Stampalija, María Alejandra Etchegorry, Julián Rivainera, Miguel Schargrodsky
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Carlos Molina Esteban
Tribunal assistant
Ivania Fernández
Third-party funder
Entities
Chaffetz Lindsey, Freshfields Bruckhaus Deringer, AES Corporation, Argentina
Country
Print reporter
Document Summary
Procedural Order No. 2
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document constitutes Procedural Order No. 2, issued by the ad hoc Committee in the annulment proceeding initiated by the Argentine Republic against The AES Corporation. Following the first session held by video conference on March 10, 2026, the Committee issued this Order to establish the procedural framework governing the annulment phase, applying the 1984 ICSID Arbitration Rules mutatis mutandis pursuant to Rule 53.

Procedural Rules and Directions

The Order delineates comprehensive logistical and procedural protocols, including the apportionment of advance payments, which the Applicant (Argentina) is directed to bear solely in the first instance, without prejudice to the final allocation of costs. The Committee designated Washington, D.C. as the formal place of proceedings and established English and Spanish as the dual procedural languages.

Furthermore, the Committee set strict parameters for the evidentiary record, emphasizing that annulment proceedings rely primarily on the underlying arbitration record. The introduction of new documentary evidence, witness statements, or expert reports is expressly prohibited absent a showing of special circumstances and subsequent Committee authorization. The Order concludes with a detailed procedural calendar (Annex B), scheduling the exchange of written submissions and reserving dates for the hearing on annulment in March 2027.