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Michael Anthony Lee-Chin v. Dominican Republic, ICSID Case No. UNCT/18/3

Short Name:

Seat of Arbitration:
Economic Sector:
Amount of Damages:
US $43,600,000
Other Remedy:
The Tribunal ordered the Respondent to pay interest on two damage amounts—USD 4,880,609 (accruing from December 31, 2013) and USD 38,709,481 (accruing from September 27, 2017).

Available documents

23 Oct 2018
Procedural Order No. 1 (English)
Procedural Order No. 1 (Spanish)
Procedural Order No. 1 – Annex A (revised)
Procedural Order No. 1 – Annex A (revised)
Document provided by: ICSID Website
Document Details:
PARTICIPANTS
Procedural Order No. 1 (English)
Procedural Order No. 1 (Spanish)
Procedural Order No. 1 – Annex A (revised)
Procedural Order No. 1 – Annex A (revised)
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:
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Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
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Judges
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Document Summary
Procedural Order No. 1 (English)
Procedural Order No. 1 (Spanish)
Procedural Order No. 1 – Annex A (revised)
Procedural Order No. 1 – Annex A (revised)
This summary note is machine-generated. Always consult the original materials.


6 Mar 2019
Procedural Order No. 2 (Spanish)
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Procedural Order No. 2 (Spanish)
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Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
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Other counsel
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Document Summary
Procedural Order No. 2 (Spanish)
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11 Feb 2020
Procedural Order No. 3
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Procedural Order No. 3
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Sole Arbitrator
ICSID Annulment Committee president
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Document Summary
Procedural Order No. 3
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10 Jul 2020
Dissenting Opinion of Professor Marcelo Kohen (English)
Dissenting Opinion of Professor Marcelo Kohen (Spanish)
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Dissenting Opinion of Professor Marcelo Kohen (English)
Dissenting Opinion of Professor Marcelo Kohen (Spanish)
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Dissenting Opinion of Professor Marcelo Kohen (English)
Dissenting Opinion of Professor Marcelo Kohen (Spanish)
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15 Jul 2020
Partial Award on Jurisdiction (English)
Partial Award on Jurisdiction (Spanish)
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Partial Award on Jurisdiction (English)
Partial Award on Jurisdiction (Spanish)
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Document Summary
Partial Award on Jurisdiction (English)
Partial Award on Jurisdiction (Spanish)
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29 Jul 2020
Procedural Order No. 4
Procedural Order No. 4 – Annex A (Revised)
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Procedural Order No. 4
Procedural Order No. 4 – Annex A (Revised)
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Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
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Document Summary
Procedural Order No. 4
Procedural Order No. 4 – Annex A (Revised)
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18 Feb 2021
Procedural Order No. 5
Annex A to Procedural Order No. 5
Annex B to Procedural Order No. 5 (Spanish)
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Procedural Order No. 5
Annex A to Procedural Order No. 5
Annex B to Procedural Order No. 5 (Spanish)
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Respondent appointee
Respondent appointee:
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Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
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Document Summary
Procedural Order No. 5
Annex A to Procedural Order No. 5
Annex B to Procedural Order No. 5 (Spanish)
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28 Oct 2021
Procedural Order No. 6 (Spanish)
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Procedural Order No. 6 (Spanish)
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Claimant appointee:
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Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Procedural Order No. 6 (Spanish)
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3 Nov 2021
Procedural Order No. 7
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Procedural Order No. 7
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ICSID Annulment Committee president
ICSID Annulment Committee members
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Procedural Order No. 7
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20 Dec 2021
Procedural Order No. 8
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Procedural Order No. 8
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Document Summary
Procedural Order No. 8
This summary note is machine-generated. Always consult the original materials.


20 Jan 2022
Procedural Order No. 9 (Spanish)
Document provided by: ICSID Website
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Procedural Order No. 9 (Spanish)
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Claimant appointee
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Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
Judges
Claimant's counsel
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Respondent's witness
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Document Summary
Procedural Order No. 9 (Spanish)
This summary note is machine-generated. Always consult the original materials.


14 Feb 2022
Procedural Order No. 10 (Spanish)
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Procedural Order No. 10 (Spanish)
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Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Document Summary
Procedural Order No. 10 (Spanish)
This summary note is machine-generated. Always consult the original materials.


15 Mar 2022
Procedural Order No. 11
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Procedural Order No. 11
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Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
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Respondent's witness
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Document Summary
Procedural Order No. 11
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6 Oct 2023
Final Award
Dissenting Opinion of Marcelo G. Kohen
Document provided by: IAReporter
Document Details:
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Final Award
Dissenting Opinion of Marcelo G. Kohen
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Claimant appointee
Claimant appointee:
Respondent appointee
Respondent appointee:
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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
Final Award
Dissenting Opinion of Marcelo G. Kohen
This summary note is machine-generated. Always consult the original materials.


8 Feb 2024
Statement of Marcelo G. Cohen
Document provided by: IAReporter
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Statement of Marcelo G. Cohen
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Respondent appointee
Respondent appointee:
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Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Statement of Marcelo G. Cohen
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29 Feb 2024
Decision on Request for Rectification
Document provided by: ICSID Website
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Decision on Request for Rectification
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Decision on Request for Rectification
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7 Feb 2025
Report and Recommendation of the US District Court for the District of Columbia
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Report and Recommendation of the US District Court for the District of Columbia
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Report and Recommendation of the US District Court for the District of Columbia
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31 Mar 2026
Memorandum Opinion of the US District Court for the District of Columbia
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Memorandum Opinion of the US District Court for the District of Columbia
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Document Summary
Memorandum Opinion of the US District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.

This Memorandum Opinion from the United States District Court for the District of Columbia adjudicates cross-petitions to vacate and confirm an international arbitral award rendered against the Dominican Republic. The procedural posture involves the Court's de novo review of a Magistrate Judge's Report and Recommendation, which advised denying the Dominican Republic's petition for vacatur and granting Respondent Michael Anthony Lee-Chin's cross-petition for confirmation and enforcement under the Federal Arbitration Act (FAA).

The principal legal issues concern the grounds for vacatur of an international arbitral award under the FAA. The Dominican Republic (Petitioner) challenged the award, which found that the state's termination of a landfill management agreement constituted an expropriation and a breach of the fair and equitable treatment (FET) standard under the governing treaty. Petitioner sought vacatur primarily on the grounds that the arbitral tribunal lacked jurisdiction to determine the arbitrability of the claims, exceeded its authority under 9 U.S.C. § 10(a)(4), and committed a manifest error in the damages calculation warranting modification under 9 U.S.C. § 11. Respondent countered that the high standard for vacatur was not met and sought summary confirmation of the award.

The Court's reasoning is grounded in the strong federal policy favoring the enforcement of arbitral awards. It adopted the Magistrate Judge's finding that the parties had “clearly and unmistakably” delegated the question of arbitrability to the tribunal, citing both the treaty's jurisdictional language—analogous to that in *BG Grp., PLC v. Republic of Argentina*—and Petitioner's own conduct in requesting a bifurcated hearing on jurisdiction. The Court further held that the tribunal did not exceed its authority, as it provided a reasoned interpretation of the treaty in its jurisdictional and merits determinations, consistent with the standard articulated in *Oxford Health Plans LLC v. Sutter*. The Court also rejected challenges under 9 U.S.C. § 10(a)(3) for procedural unfairness and found no basis for modification under § 11, characterizing the tribunal's selection of a discount rate as a “deliberate choice” within its authority, not a correctable mathematical error.

The Court adopted the Magistrate Judge's Report and Recommendation in its entirety. The operative ruling denies the Dominican Republic's Petition to Vacate the Arbitration Award, grants Lee-Chin's Cross-Petition for Confirmation of the Arbitral Award, and denies Lee-Chin's request for attorneys' fees.