GUPC v. ACP (II) (Concrete Arbitration)
(1) Grupo Unidos por el Canal, S.A., (2) Sacyr, S.A., (3) Webuild, S.p.A. (formerly Salini-Impregilo S.p.A.), (4) Jan De Nul, N.V. v. Autoridad del Canal de Panamá (II), ICC Case No. 20910/ASM/JPA (C-20911/ASM)
Economic sector:
Partial Award on Jurisdiction and Standing - 22 May 2017
Partial Award - 21 Sept 2020
Decision on Arbitrators Challenge and Advance on Costs - 17 Dec 2020
Addendum to Partial Award issued on 21 September 2020 - 22 Dec 2020
Reasons of Decision on Arbitrators Challenge - 29 Dec 2020
Final Award - 17 Feb 2021
Order of the United States District Court for the Southern District of Florida - 18 Nov 2021
Amended Order of the United States District Court for the Southern District of Florida - 9 Dec 2021
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Contractor's Post-Hearing Submission - 22 Oct 2014
Declaration of Acceptance, Availability, Impartiality and Independence of Robert Gaitskell (ICC Case No. 20910/ASM) - 24 Mar 2015
Declaration of Acceptance, Availability, Impartiality and Independence of Claus Von Wobeser Hoepfner (ICC Case No. 20911/ASM) - 10 Apr 2015
Declaration of Acceptance, Availability, Impartiality and Independence of Claus Von Wobeser Hoepfner (ICC Case No. 20910/ASM) - 7 May 2015
Declaration of Acceptance, Availability, Impartiality and Independence of Robert Gaitskell (ICC Case No. 20911/ASM) - 14 May 2015
Declaration of Acceptance, Availability, Impartiality and Independence of Pierre-Yves Gunter (ICC Case No. 20911/ASM) - 23 Mar 2016
Terms of Reference - 7 July 2016
Statement of Claim - 19 June 2017
Procedural Order No. 4 - 3 Oct 2017
Statement of Defence - 18 Dec 2017
Third Legal Expert Report of Octavio Del Moral - 13 Oct 2018
Respondent's Rejoinder - 15 Oct 2018
Hearing Transcript Day 1 (Extract) - 21 Jan 2019
Claimants' First Post Hearing Brief - 31 May 2019
ACP's Post-Hearing Brief - 31 May 2019
The ACP's Reply Post-Hearing Brief - 26 July 2019
Claimants' Second Post-Hearing Brief - 26 July 2019
The ACP's Costs Submission - 20 Nov 2019
Claimants' Reply Cost Submission - 20 Dec 2019
The ACP's Reply Costs Submission - 20 Dec 2019
Claimants' Challenge to the Arbitral Tribunal - 28 Oct 2020
Email from Respondent to the ICC Secretariat on Reply to Claimants' to Challenge Request - 1 Nov 2020
Email from Claimants to the ICC Secretariat on Observations in Response to Respondent's Reply to Challenge Request - 3 Nov 2020
Dr. Robert Gaitskell Q.C.'s Response re Claimants' Challenge Letters of 28 October 2020 - 5 Nov 2020
Email from the CEOs of the Webuild, Sacyr and Jan De Nul to the President of the ICC Court of Arbitration on Arbitrators Challenge - 12 Nov 2020
Claimants' Additional Observations on Arbitrators Challenge - 19 Nov 2020
Declaration of Nicolas Bouchardie - 25 Nov 2020
Motion to Vacate Partial Arbitral Award and Incorporated Memorandum of Law - 25 Nov 2020
Claimants' Reply Updated Cost Submission - 18 Dec 2020
The ACP's Reply Updated Cost Submissions - 18 Dec 2020
Declaration of Nicholas Henchie - 8 Feb 2021
Expert Report of Professor Chiara Giorgetti - 5 Mar 2021
Expert Opinion of Professor Jack J. Coe, Jr. - 5 Mar 2021
Grupo Unidos por el Canal, S.A. et al.'s Motion to Vacate Final Arbitral Award and Incorporated Memorandum of Law - 19 Apr 2021
Grupo Unidos por el Canal, S.A. et al.'s Motion to Vacate Partial and Final Arbitral Awards and Incorporated Memorandum of Law - 23 July 2021
Declaration of Nicholas Henchie - 3 Aug 2021
Expert Opinion of Mr. Gary B. Born Submitted at the Request of Respondent Autoridad del Canal de Panamá - 4 Aug 2021
Respondent and Counter-Movant Autoridad del Canal de Panamá's Consolidated Cross-Motion to Confirm and Enforce Partial and Final Arbitration Awards and Supporting Memorandum of Law - 6 Aug 2021
Respondent and Counter-Movant Autoridad Del Canal de Panamá's Response to Consolidated Motion to Vacate Partial and Final Arbitral Awards and Supporting Memorandum of Law - 6 Aug 2021
Email from Robert Gaitskell to the Parties on his Independence and Impartiality - 3 Sept 2021
Email from the Claimant to Robert Gaitskell on his Independence and Impartiality - 6 Sept 2021
Expert Report of Judge Stephen M. Schwebel - 10 Sept 2021
Movants' Response to ACP's Consolidated Cross-Motion to Confirm and Enforce the Partial and Final Arbitration Awards - 13 Sept 2021
Movants' Reply in Support of their Consolidated Motion to Vacate Partial and Final Arbitral Awards - 13 Sept 2021
Second Expert Opinion of Professor Jack J. Coe Jr. - 13 Sept 2021
Second Expert Report of Professor Chiara Giorgetti - 13 Sept 2021
Second Declaration of Nicolas Bouchardie - 13 Sept 2021
Second Expert Opinion of Mr. Gary B. Born Submitted at the Request of Respondent Autoridad del Canal de Panamá - 20 Oct 2021
Second Declaration of Nicholas Henchie - 21 Oct 2021
Respondent and Counter-Movant Autoridad Del Canal De Panamá's Reply in Support of Consolidated Cross-Motion to Confirm and Enforce Partial and Final Arbitration Awards and Supporting Memorandum of Law - 21 Oct 2021
Pierre-Yves Gunter Challenged Arbitrator (unsuccessful)
Claus von Wobeser Challenged Arbitrator (unsuccessful)
Robert Gaitskell Challenged Arbitrator (unsuccessful)
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Advance on costs
Decision on Arbitrators Challenge and Advance on Costs
Dear Mesdames and Sirs,
At its session of 17 December 2020, the International Court of Arbitration of the International Chamber of Commerce ("Court"):
1. decided that the challenge filed against all the members of the arbitral tribunal is admissible (Article 14(3));
2. rejected the challenge on the merits (Article 14(3));
3. decided to communicate the reasons for the decision on the challenge submitted by Claimants (Article 11(4));
4. readjusted the advance on costs from US$ 4 000 000 to US$ 4 210 000, subject to later readjustments (Article 36(5)); and
5. approved the draft on the application under Article 35 submitted by the arbitral tribunal (Article 35).
The Secretariat will communicate the Court's reasons on the challenge once they have been finalised.
The Court readjusted the advance on costs to ensure an adequate remuneration for the arbitral tribunal considering the expenses incurred and to be incurred (Article 36).
We enclose the Financial Table and Payment Requests that indicate the amounts to be paid by the parties and when such payments are due.
The Secretariat will notify the decision on the application under Article 35 to the parties once it has been finalised and signed by the arbitral tribunal.
We will revert to the parties in due course.
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