SGS Société Générale de Surveillance S.A. v. Paraguay, ICSID Case No. ARB/07/29, Decision on Annulment (May 19, 2014)
I. PROCEDURAL HISTORY
1. On June 7, 2012, ICSID received from Paraguay an Application for annulment of the Award rendered in ICSID Case No. ARB/07/29, SGS Société Générale de Surveillance S.A. v. Republic of Paraguay. The Application also contained a request for the stay of enforcement of the Award, in accordance with Rule 54(1) of the Arbitration Rules. The Application for Annulment was submitted within the time period provided for by Article 52(2) of the ICSID Convention.
2. The Secretary-General of ICSID registered the Application for Annulment on June 8, 2012, in accordance with Rule 50(2) (a) and (b) of the Arbitration Rules, and at the same time notified the Parties of the provisional stay of enforcement of the Award, in accordance with Rule 54(2) of the Arbitration Rules.
3. By letter of June 25, 2012, in accordance with ICSID Arbitration Rule 54(2), SGS requested that the Committee rule, within 30 days of the date of its constitution, on whether the provisional stay of enforcement of the Award should be continued. SGS expressed its opposition to a continued stay of enforcement and requested that Paraguay be ordered to post a bond in the event that the Committee should decide to continue such stay.
4. On July 27, 2012, the Secretary-General, in accordance with Article 52(2) of the Arbitration Rules, informed the Parties that the ad hoc Committee (the “Committee”) had been constituted. It was composed of Mr. Rodrigo Oreamuno, a national of Costa Rica, President, Mr. Eduardo Zuleta, a national of Colombia, and Mr. Salim Moollan, a national of Mauritius and France. The Parties were also informed that Mrs. Mercedes Cordido-Freytes de Kurowski, ICSID Legal Counsel, would be the Secretary of the Committee.