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Energía y Renovación Holding, S.A. v. Republic of Guatemala, ICSID Case No. ARB/21/56

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6 May 2022
Procedural Order No. 1
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Procedural Order No. 1
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Document Summary
Procedural Order No. 1
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2 Dec 2022
Procedural Order No. 2 - Decision on Bifurcation
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Procedural Order No. 2 - Decision on Bifurcation
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Document Summary
Procedural Order No. 2 - Decision on Bifurcation
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23 Mar 2023
Procedural Order No. 3 - Decision on Request to Intervene as a Non-Disputing Party
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Procedural Order No. 3 - Decision on Request to Intervene as a Non-Disputing Party
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Sole Arbitrator
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Procedural Order No. 3 - Decision on Request to Intervene as a Non-Disputing Party
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23 Mar 2023
Procedural Order No. 3 Partial Dissenting Opinion of Prof. Raul Vinuesa on Non-Disputing Party Participation
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Procedural Order No. 3 Partial Dissenting Opinion of Prof. Raul Vinuesa on Non-Disputing Party Participation
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Document Summary
Procedural Order No. 3 Partial Dissenting Opinion of Prof. Raul Vinuesa on Non-Disputing Party Participation
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12 Apr 2023
Procedural Order No. 4 - Confidentiality
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Procedural Order No. 4 - Confidentiality
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Document Summary
Procedural Order No. 4 - Confidentiality
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6 Jun 2023
Procedural Order No. 5 - On the Submission of Non-Disputing Parties
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Procedural Order No. 5 - On the Submission of Non-Disputing Parties
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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
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Document Summary
Procedural Order No. 5 - On the Submission of Non-Disputing Parties
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9 Aug 2023
Procedural Order No. 6
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Procedural Order No. 6
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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
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Judges
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Document Summary
Procedural Order No. 6
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21 Nov 2023
Procedural Order No. 7
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Procedural Order No. 7
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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
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Document Summary
Procedural Order No. 7
This summary note is machine-generated. Always consult the original materials.


9 Dec 2023
Procedural Order No. 8
Document provided by: ICSID
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PARTICIPANTS
Procedural Order No. 8
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
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Document Summary
Procedural Order No. 8
This summary note is machine-generated. Always consult the original materials.


29 Mar 2024
Procedural Order No. 9
Document provided by: Investor State Law Guide
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PARTICIPANTS
Procedural Order No. 9
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
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Document Summary
Procedural Order No. 9
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11 Apr 2024
Procedural Order No. 10
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PARTICIPANTS
Procedural Order No. 10
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
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Document Summary
Procedural Order No. 10
This summary note is machine-generated. Always consult the original materials.


15 Apr 2024
Procedural Order No. 11
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PARTICIPANTS
Procedural Order No. 11
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
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Document Summary
Procedural Order No. 11
This summary note is machine-generated. Always consult the original materials.


7 Feb 2025
Procedural Order No. 12 (Spanish)
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Procedural Order No. 12 (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
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
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Document Summary
Procedural Order No. 12 (Spanish)
This summary note is machine-generated. Always consult the original materials.


31 Mar 2025
Award of the Tribunal (Spanish)
Dissenting Opinion of Prof. Raúl Emilio Vinuesa (Spanish)
Declarations of the President Prof. Diego Fernández Arroyo and Arbitrator Prof. Guido Santiago Tawil (Spanish)
Declaration of Arbitrator Prof. Raúl Emilio Vinuesa (Spanish)
Document provided by: ICSID
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PARTICIPANTS
Award of the Tribunal (Spanish)
Dissenting Opinion of Prof. Raúl Emilio Vinuesa (Spanish)
Declarations of the President Prof. Diego Fernández Arroyo and Arbitrator Prof. Guido Santiago Tawil (Spanish)
Declaration of Arbitrator Prof. Raúl Emilio Vinuesa (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
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Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
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Document Summary
Award of the Tribunal (Spanish)
Dissenting Opinion of Prof. Raúl Emilio Vinuesa (Spanish)
Declarations of the President Prof. Diego Fernández Arroyo and Arbitrator Prof. Guido Santiago Tawil (Spanish)
Declaration of Arbitrator Prof. Raúl Emilio Vinuesa (Spanish)
This summary note is machine-generated. Always consult the original materials.


27 Jun 2025
Decision on the Claimant's Request for Rectification (Spanish) (Rectification Proceeding)
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Decision on the Claimant's Request for Rectification (Spanish) (Rectification Proceeding)
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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.