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

Energía y Renovación Holding v. Guatemala, Decision on Rectification, June 27, 2025

27 Jun 2025
Energía y Renovación Holding, S.A. v. Republic of Guatemala, ICSID Case No. ARB/21/56
Decision on the Claimant's Request for Rectification (Spanish) (Rectification Proceeding)
Document Details:
LISTED PARTICIPANTS
Decision on the Claimant's Request for Rectification (Spanish) (Rectification Proceeding)
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
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's law firm
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
Tribunal assistant
Third-party funder
Country
Print reporter
Document Summary
Decision on the Claimant's Request for Rectification (Spanish) (Rectification Proceeding)
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This decision addresses a Request for Rectification filed by the Claimant on April 29, 2025, concerning the Arbitral Award rendered on March 31, 2025. The Claimant sought the correction of clerical errors in the dispositive section (Section IX) of the Award pursuant to Article 49(2) of the ICSID Convention and ICSID Arbitration Rule 49. The Respondent confirmed it had no observations or objections regarding the Claimant's request.

Tribunal's Analysis

The Tribunal reviewed the request and confirmed its admissibility, noting that the Claimant strictly observed the 45-day time limit and formal requirements under the ICSID Convention and Arbitration Rules. Substantively, the Tribunal agreed that the errors identified—specifically, the erroneous use of Arabic numerals instead of Roman numerals in paragraph 493 and an incorrect cross-reference regarding the compensation of uncollected taxes—constituted clerical errors that obscured the clarity of the Award's dispositive section. The Tribunal emphasized that the requested corrections fell squarely within the restricted scope of Article 49(2), as they were purely material and did not alter the substantive meaning or merits of the underlying determinations.

Decision

The Tribunal granted the Request for Rectification in its entirety, ordering the specific textual and numerical corrections to Section IX of the Award. In exercising its discretion under Article 61 of the ICSID Convention, the Tribunal noted the Claimant's success and the efficient, respectful conduct of both parties during the proceeding. Consequently, the Tribunal ordered each party to bear its own legal representation costs and to split the costs of the rectification proceeding equally.