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Pac Rim Cayman v. El Salvador

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Case Details

Year of Filing: 2009

Case Status: Arbitral Phase Concluded

Claimant(s): Pac Rim Cayman LLC

Respondent(s): Republic of El Salvador

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: CAFTA

Administrative Case Number: ARB/09/12

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Pac Rim Cayman v. El Salvador

In a supplementary decision, Pac Rim tribunal grants El Salvador’s request for post-award interest Mar 28, 2017
El Salvador requests supplementary ruling in Pac Rim dispute, seeking an order of post-award interest Dec 5, 2016
ANALYSIS: in long-awaited Pac Rim award, tribunal finds that investor held no domestic law rights to ground alleged breaches of investment statute Oct 16, 2016
El Salvador prevails in long-running “Pacific Rim” arbitration Oct 14, 2016
In lead-up to closed-door hearings in Pac Rim v. El Salvador case, parties’ latest briefs see new arguments on estoppel and proportionality Sep 8, 2014
El Salvador argues that domestic investment law is not a portal for Pacific Rim mining company to reach international law protections Jan 19, 2014
Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence May 15, 2013
ANALYSIS: ICSID Tribunal examines and rejects all Salvadoran objections to hearing Pac Rim claims under domestic investment statute Jun 5, 2012
ANALYSIS: Arbitrators reject El Salvador’s contention that Pac Rim’s 2007 change of nationality was an ‘abuse of process’ Jun 4, 2012
ANALYSIS: In first test of CAFTA ‘denial of benefits’ clause, arbitrators rule that U.S. ‘shell’ company not owed CAFTA protections for investments in El Salvador Jun 4, 2012
Arbitrators dismiss mining company’s CAFTA claims against El Salvador, but will hear claims under domestic investment statute Jun 3, 2012
Mining arbitration between foreign investor and government takes an unusual turn, as a defence counsel steps into role of witness Jun 30, 2011
Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case loom Mar 15, 2011
Preliminary Objections cleared away in Pacific Rim’s CAFTA mining claim, more battles over jurisdiction may loom Aug 5, 2010
Pacific Rim answers El Salvador’s preliminary objections in CAFTA mining claim Mar 18, 2010
El Salvador raises preliminary objections to jurisdiction of ICSID tribunal in CAFTA mining claim Jan 16, 2010
US subsidiary of Canadian miner files CAFTA Notice of Intent against El Salvador; Pacific Rim complains of enviro delays Dec 11, 2008