Victor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)
Representing the Respondent in an ICSID arbitration involving a claim for $797 million filed by Victor Pey Casado and the Fundación Presidente Allende under the Spain-Chile bilateral investment treaty. Registered in 1998, this case was the very first ICSID case ever filed against our client the Republic of Chile, and is now the longest-running ICSID case of all time. Filed in 1997, this case holds a number of records at ICSID, including longest-running (19 years), first-ever arbitrator disqualification, first-ever revision decision, and only ICSID proceeding to involve every post-award remedy (rectification, supplementation, interpretation, revision, and annulment).
Successfully representing the Republic of Chile during the annulment and resubmission phases securing: (1) annulment of the 2008 award of monetary damages to the claimants; (2) an award in the resubmission phase dismissing the totality of the claimants' subsequent requests for monetary damages; and (3) costs awards for Chile in both phases. The award in the resubmission phase was one of Global Arbitration Review's nominees for 2016 Decision of the Year.