Victor Pey Casado and President Allende Foundation v. Chile (2)

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Case Details

Year of Filing: 2013

Case Status: Annulment Concluded

Claimant(s): Victor Pey Casado and President Allende Foundation

Respondent(s): Republic of Chile

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Chile-Spain BIT

Administrative Case Number: ARB2/98/2

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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Analysis: second annulment decision in Pey Casado v. Chile affirms resubmission tribunal’s approach to the res judicata findings of the first tribunal Jan 12, 2020

ICSID ad hoc committee declines to annul resubmission award in long-running Pey Casado v. Chile saga Jan 9, 2020

Investor will remain shielded from adverse costs order as annulment proceeding plays out Apr 2, 2018

(UPDATED) ICSID Annulment Roundup: Three are named to hear latest Pey v. Chile phase and Teinver v. Argentina challenge, Venezuela hopes to roll back $800+ million in awards, and Eurogas & Belmont challenges Slovak award Dec 21, 2017

Berman-led tribunal agrees to rectify 2016 award, confirming finding of satisfaction as remedy for denial of justice, but hits claimants with costs order; annulment application now in motion Oct 16, 2017

In new decision, ICSID confirms that it will allow an arbitrator to recuse himself from deciding a challenge to a colleague Apr 24, 2017

Pey Casado seeks to exit long-running ICSID case – one week after filing new claim under UNCITRAL rules – but must get Chile’s blessing for discontinuation Apr 24, 2017

Sir Frank Berman seeks to recuse himself from deciding challenge to fellow arbitrator – [UPDATED] and then Pey Casado claimants challenge him again Mar 6, 2017

The NeverEnding Story: latest developments in the Pey Casado v. Chile case include arbitrator challenge ruling; another challenge; and a slowed rectification process Feb 28, 2017

Three new requests – including double arbitrator challenge – in longest-running ICSID case, Pey Casado v. Chile Nov 30, 2016

ANALYSIS: Pey Casado tribunal sees no basis for new compensation order, but pointedly reminds Chile of its BIT breach Sep 15, 2016

In new award, arbitrators in long-running case against Chile find that claimants did not make out their case for compensation Sep 14, 2016

Chile: investment dispute is lodged under Colombia FTA, as award looms in another case May 29, 2016

Investors eschew diplomatic niceties in bid to disqualify arbitrator- a tactic that carries great risk, but occasional reward May 12, 2015

ICSID Round-Up: New arbitrator in Pey v. Chile; new claim by Highbury and others vs Venezuela; and a bid to annul award in Rose Levy v. Peru May 21, 2014

Arbitrator steps aside after being challenged by Chile in long-running ICSID dispute Jan 21, 2014

Challenges filed against Feliciano and Sands at ICSID; replacement arbitrators named in two other cases, after tribunal departures Jan 8, 2014

New tribunal in Pey v Chile case must assess whether compensation for discrimination and denial of jusice should be in line with expropriation damages Jan 1, 2014

Pey v. Chile update: As new tribunal is called to rule on compensation for BIT breach, Chile objects to claimant’s nomination of Philippe Sands as arbitrator Sep 11, 2013