Ver esta página en: español Traducir Desactivar para: inglés Opciones ▼

Investment Policy Hub Home Country Navigator Policy Tools Publications News

Home > Investment Dispute Settlement Navigator > Pac Rim v. El Salvador
Investment Dispute
Settlement Navigator
Pac Rim v. El Salvador

Select country
2009 Pac Rim Cayman LLC v. Republic of El Salvador
(ICSID Case No. ARB/09/12)

Expand / Collapse

Known treaty-based ISDS

All
cases:
Applicable IIA
Total: 1061
Pending: 347
CAFTA - DR (2004)
Concluded: 707
Unknown: 7

Updated as of 31 July 2020 Nationality of the parties

Concluded original arbitration Respondent State(s) El Salvador

proceedings:
Home State(s) of investor United States of America

Decided in favour of State

Decided in favour of investor Summary of matters at issue
Decided in favour of neither
party (liability found but no
Details of investment Sole ownership of certain Salvadoran mining companies that held rights conferred by exploration licenses,
damages awarded)
authorizations and permits, including the right to a mining exploitation concession in the area known as "EI
Settled Dorado"; related capital expenditures.
Discontinued
Summary of the dispute Claims arising out of the Government's refusal to issue necessary mining licences for Pacific Rim’s El Dorado gold
mining project in northern El Salvador due to alleged environmental concerns including the company’s use of
About + certain chemicals in the extraction process.

Economic sector and subsector

Methodology +

Share Economic sector Primary: B - Mining and quarrying

Economic subsector 7 - Mining of metal ores

Arbitral rules and administering institution

Arbitration Rules ICSID (International Centre for Settlement of Investment Disputes)

Administering institution ICSID (International Centre for Settlement of Investment Disputes)

Composition of tribunal

President Veeder, V. V.

Arbitrator Tawil, G. S.
Appointed by claimant

Arbitrator Stern, B.
Appointed by/designated to
respondent

Status/Outcome of original proceedings

Decided in favour of State

Decisions rendered

Decision on the Respondent's Preliminary Objections under CAFTA Articles 10.20.4 and 10.20.5 dated 2 August 2010

Decision on the Respondent's Jurisdictional Objections dated 1 June 2012

Amount of compensation

Claimed by investor 314.00 mln USD

Awarded by tribunal Data not available

IIA breaches alleged/found

IIA breaches alleged Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Other

IIA breaches found None - jurisdiction declined

Follow-on proceedings

Type of follow-on proceedings None

Link to Italaw's case page

http://www.italaw.com/cases/783

Links to background sources

https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB/09/12
http://globalarbitrationreview.com/news/article/28648/pac-rim-faces-fresh-challenge/ (requires subscription)
http://globalarbitrationreview.com/news/article/31457/pacific-rim-goes-gold-el-dorado-dispute/ (requires subscription)
http://globalarbitrationreview.com/news/article/28630/pac-rim-claim-passes-go/ (requires subscription)

Related Products

 

Subscribe to our Newsletter Type your email SUBSCRIBE

Useful Links Get in touch

Palais des Nations, 8 - 14 UNCTAD Home Contact us

Av. de la Paix, 1211 Geneva 10
UNCTAD Investments Terms of use
Switzerland
World Investment Reports Privacy notice
T. +41 22 917 1234
F. +41 22 917 0498 World Investment Forum

© Copyright - UNCTAD Division on Investment and Enterprise