Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. The Republic of El Salvador, ICSID Case No. ARB/09/17

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Seat of Arbitration:
Investment treaty:
CAFTA
Applicable legal instruments:
CAFTA
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Available documents

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16 Mar 2009
Notice of Intent to File Claim Under CAFTA-DR
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Notice of Intent to File Claim Under CAFTA-DR
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Notice of Intent to File Claim Under CAFTA-DR
This summary note is machine-generated. Always consult the original materials.


2 Jul 2009
Notice of Arbitration
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Notice of Arbitration
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Claimant appointee
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Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
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Document Summary
Notice of Arbitration
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24 Aug 2009
El Salvador's Letter to ICSID Inviting the Claimants to Terminate the Case
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El Salvador's Letter to ICSID Inviting the Claimants to Terminate the Case
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Other counsel
Claimant's expert
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Document Summary
El Salvador's Letter to ICSID Inviting the Claimants to Terminate the Case
This summary note is machine-generated. Always consult the original materials.


24 Aug 2009
El Salvador's Letter to ICSID Inviting the Claimants to Terminate the Case
Document Details:
PARTICIPANTS
El Salvador's Letter to ICSID Inviting the Claimants to Terminate the Case
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
El Salvador's Letter to ICSID Inviting the Claimants to Terminate the Case
This summary note is machine-generated. Always consult the original materials.


27 Jul 2010
Minutes of the First Session of the Tribunal
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PARTICIPANTS
Minutes of the First Session of the Tribunal
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Respondent appointee:
J. Christopher Thomas
Tribunal/Panel chair
Chair/President:
Albert Jan van den Berg
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
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Document Summary
Minutes of the First Session of the Tribunal
This summary note is machine-generated. Always consult the original materials.


16 Aug 2010
The Republic of El Salvador's Preliminary Objection under Article 10.20.5 of CAFTA
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PARTICIPANTS
The Republic of El Salvador's Preliminary Objection under Article 10.20.5 of CAFTA
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
The Republic of El Salvador's Preliminary Objection under Article 10.20.5 of CAFTA
This summary note is machine-generated. Always consult the original materials.


15 Sep 2010
Response to The Republic of El Salvador's Preliminary Objection
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Response to The Republic of El Salvador's Preliminary Objection
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Response to The Republic of El Salvador's Preliminary Objection
This summary note is machine-generated. Always consult the original materials.


30 Sep 2010
The Republic of El Salvador's Reply (Preliminary Objection Under CAFTA Article 10.20.5)
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PARTICIPANTS
The Republic of El Salvador's Reply (Preliminary Objection Under CAFTA Article 10.20.5)
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Other counsel
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Document Summary
The Republic of El Salvador's Reply (Preliminary Objection Under CAFTA Article 10.20.5)
This summary note is machine-generated. Always consult the original materials.


15 Oct 2010
Rejoinder (Republic of El Salvador's Preliminary Objection)
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Rejoinder (Republic of El Salvador's Preliminary Objection)
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Claimant's counsel
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Document Summary
Rejoinder (Republic of El Salvador's Preliminary Objection)
This summary note is machine-generated. Always consult the original materials.


20 Oct 2010
Cover Letter to the Non-Disputing Party Submission of the Republic of Costa Rica (Spanish)
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PARTICIPANTS
Cover Letter to the Non-Disputing Party Submission of the Republic of Costa Rica (Spanish)
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Cover Letter to the Non-Disputing Party Submission of the Republic of Costa Rica (Spanish)
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20 Oct 2010
Non-Disputing Party Submission of the Republic of Costa Rica (English)
Non-Disputing Party Submission of the Republic of Costa Rica (Spanish)
Document Details:
PARTICIPANTS
Non-Disputing Party Submission of the Republic of Costa Rica (English)
Non-Disputing Party Submission of the Republic of Costa Rica (Spanish)
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Non-Disputing Party Submission of the Republic of Costa Rica (English)
Non-Disputing Party Submission of the Republic of Costa Rica (Spanish)
This summary note is machine-generated. Always consult the original materials.


1 Nov 2010
Comunicación de la República de Nicaragu
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PARTICIPANTS
Comunicación de la República de Nicaragu
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Claimant's expert
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Document Summary
Comunicación de la República de Nicaragu
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1 Nov 2010
Letter to ICSID (from United States of America)
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PARTICIPANTS
Letter to ICSID (from United States of America)
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Letter to ICSID (from United States of America)
This summary note is machine-generated. Always consult the original materials.


2 Feb 2011
El Salvador's Letter to the Tribunal in Response to Claimants' Application for Fees and Costs
Document Details:
PARTICIPANTS
El Salvador's Letter to the Tribunal in Response to Claimants' Application for Fees and Costs
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
El Salvador's Letter to the Tribunal in Response to Claimants' Application for Fees and Costs
This summary note is machine-generated. Always consult the original materials.


14 Mar 2011
Award (English)
Award (Spanish)
Document Details:
PARTICIPANTS
Award (English)
Award (Spanish)
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Respondent appointee:
J. Christopher Thomas
Tribunal/Panel chair
Chair/President:
Albert Jan van den Berg
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
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Tribunal secretary
Tribunal assistant
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Document Summary
Award (English)
Award (Spanish)
This summary note is machine-generated. Always consult the original materials.


11 Jul 2011
Application for Annulment
Document Details:
PARTICIPANTS
Application for Annulment
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Application for Annulment
This summary note is machine-generated. Always consult the original materials.


17 Nov 2011
Letter from Claimants to ICSID Regarding Inability to Pay the Fees for the Annulment Proceedings
Document Details:
PARTICIPANTS
Letter from Claimants to ICSID Regarding Inability to Pay the Fees for the Annulment Proceedings
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Respondent's expert
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Document Summary
Letter from Claimants to ICSID Regarding Inability to Pay the Fees for the Annulment Proceedings
This summary note is machine-generated. Always consult the original materials.


15 Dec 2011
Respondent's Letter to the Annulment Committee in Response to the Request for Advance Payment and Responding to Claimants' Lette
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PARTICIPANTS
Respondent's Letter to the Annulment Committee in Response to the Request for Advance Payment and Responding to Claimants' Lette
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Other counsel
Claimant's expert
Respondent's expert
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Document Summary
Respondent's Letter to the Annulment Committee in Response to the Request for Advance Payment and Responding to Claimants' Lette
This summary note is machine-generated. Always consult the original materials.


15 Dec 2011
Memorial in Support of Claimants' Application for Annulment
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Memorial in Support of Claimants' Application for Annulment
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Other counsel
Claimant's expert
Respondent's expert
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Document Summary
Memorial in Support of Claimants' Application for Annulment
This summary note is machine-generated. Always consult the original materials.


18 Jun 2012
Claimants' Request for Additional Time to Find Financial Resources
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PARTICIPANTS
Claimants' Request for Additional Time to Find Financial Resources
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Tribunal assistant
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Document Summary
Claimants' Request for Additional Time to Find Financial Resources
This summary note is machine-generated. Always consult the original materials.


21 Jun 2012
Respondent's Observations Regarding Claimants' Request for Additional Time to Find Another Third-Party Funder
Document Details:
PARTICIPANTS
Respondent's Observations Regarding Claimants' Request for Additional Time to Find Another Third-Party Funder
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Tribunal secretary
Tribunal assistant
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Document Summary
Respondent's Observations Regarding Claimants' Request for Additional Time to Find Another Third-Party Funder
This summary note is machine-generated. Always consult the original materials.


22 Jun 2012
Letter from Freshfields to ICSID Regarding Claimants' Litigation Funding
Document Details:
PARTICIPANTS
Letter from Freshfields to ICSID Regarding Claimants' Litigation Funding
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Letter from Freshfields to ICSID Regarding Claimants' Litigation Funding
This summary note is machine-generated. Always consult the original materials.


28 Jun 2012
Freshfields' Observations on the Arguments of the Respondent's Counsel about Representation in the Arbitral Proceedings
Document Details:
PARTICIPANTS
Freshfields' Observations on the Arguments of the Respondent's Counsel about Representation in the Arbitral Proceedings
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Tribunal secretary
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Document Summary
Freshfields' Observations on the Arguments of the Respondent's Counsel about Representation in the Arbitral Proceedings
This summary note is machine-generated. Always consult the original materials.


3 Jul 2012
El Salvador's Observations on Claimants' Inability to Pay the Costs for the Arbitration
Document Details:
PARTICIPANTS
El Salvador's Observations on Claimants' Inability to Pay the Costs for the Arbitration
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
El Salvador's Observations on Claimants' Inability to Pay the Costs for the Arbitration
This summary note is machine-generated. Always consult the original materials.


10 Aug 2012
Respondent's Application for Security for Costs
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PARTICIPANTS
Respondent's Application for Security for Costs
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Respondent's Application for Security for Costs
This summary note is machine-generated. Always consult the original materials.


17 Aug 2012
Claimants' Response to El Salvador's Application for Security for Costs
Document Details:
PARTICIPANTS
Claimants' Response to El Salvador's Application for Security for Costs
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Claimants' Response to El Salvador's Application for Security for Costs
This summary note is machine-generated. Always consult the original materials.


20 Sep 2012
Decision on El Salvador's Application for Security for Costs
Document Details:
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Decision on El Salvador's Application for Security for Costs
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
Emmanuel Gaillard
ICSID Annulment Committee members
Michael Pryles, Christoph Schreuer
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
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Respondent's witness
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Tribunal secretary
Tribunal assistant
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Document Summary
Decision on El Salvador's Application for Security for Costs
This summary note is machine-generated. Always consult the original materials.


19 Oct 2012
El Salvador's Counter-Memorial in Opposition to Claimants' Application for Annulment
Document Details:
PARTICIPANTS
El Salvador's Counter-Memorial in Opposition to Claimants' Application for Annulment
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Tribunal secretary
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Document Summary
El Salvador's Counter-Memorial in Opposition to Claimants' Application for Annulment
This summary note is machine-generated. Always consult the original materials.


23 Nov 2012
Reply Memorial in Support of Claimants' Application for Annulment
Document Details:
PARTICIPANTS
Reply Memorial in Support of Claimants' Application for Annulment
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Tribunal secretary
Tribunal assistant
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Document Summary
Reply Memorial in Support of Claimants' Application for Annulment
This summary note is machine-generated. Always consult the original materials.


30 Nov 2012
Claimants' Application for Costs
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Claimants' Application for Costs
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Claimant's expert
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Document Summary
Claimants' Application for Costs
This summary note is machine-generated. Always consult the original materials.


19 Dec 2012
Letter from the ICSID Notifying Claimants' Failure to Pay the Costs and Recommendation to Stay the Annulment Proceedings
Document Details:
PARTICIPANTS
Letter from the ICSID Notifying Claimants' Failure to Pay the Costs and Recommendation to Stay the Annulment Proceedings
Participants listed for this document only; this may not include all participants involved in the entire case.
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
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Document Summary
Letter from the ICSID Notifying Claimants' Failure to Pay the Costs and Recommendation to Stay the Annulment Proceedings
This summary note is machine-generated. Always consult the original materials.


28 Aug 2013
Order of the Committee Discontinuing the Proceeding and Decision on Costs
Document Details:
PARTICIPANTS
Order of the Committee Discontinuing the Proceeding and Decision on Costs
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
Emmanuel Gaillard
ICSID Annulment Committee members
Michael Pryles, Christoph Schreuer
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
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Document Summary
Order of the Committee Discontinuing the Proceeding and Decision on Costs
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