SGS v. Paraguay

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Case Details

Year of Filing: 2007

Case Status: Annulment Concluded

Claimant(s): SGS Societe Generale de Surveillance S.A.

Respondent(s): Republic of Paraguay

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Paraguay-Switzerland BIT

Administrative Case Number: ARB/07/29

Arbitral Tribunal

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Major Developments

Key Decision:

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Annulment/Set-Aside Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Annulment is not an appeal: ICSID ad hoc committee dismisses Paraguay’s application to annul SGS v. Paraguay award Jun 13, 2014

In a first for ICSID: claimant is cleared to seek enforcement of arbitral award while annulment proceedings remain ongoing Jun 4, 2013

ICSID Tribunal Selections: Arbitrators picked for Hungary, Egypt and Equatorial Guinea disputes and Paraguay annulment proceeding Sep 6, 2012

Paraguay moves to overturn 57+ Million arbitral award in favor of Swiss investor in long-running payment dispute Jun 19, 2012

ANALYSIS: Arbitrators in Paraguay dispute entertain broad view of fair and equitable treatment, and reject narrow reading of “investments” eligible for ICSID arbitration Mar 12, 2012

ANALYSIS: Tribunal in Paraguay jurisdictional ruling viewed treaty’s umbrella clause as broad and encompassing many commitments Mar 12, 2012

Paraguay must pay 57+ Million Dollars after arbitrators rule that non-payment of contractual invoices breaches “umbrella” promise in investment treaty Mar 6, 2012

In parallel decisions, tribunals diverge on admissibility of umbrella clause claims Mar 18, 2010