Pac Rim LLC vs. Government of El Salvador Arbitration Details (ICSID Case No. ARB/09/12)

The mining company Pac Rim LLC is claiming investor rights violations by the Government of El Salvador and demanding a minimum of $77 million in compensation in a case brought in front of the International Centre for Settlement of Investment Disputes (ICSID) through stipulations in the Dominican Republic-Central American Free Trade Agreement (DR-CAFTA).

The case is being heard by a panel of three arbitrators:  V.V. Veeder (from Great Britain), Brigitte Stern (from France) and Guido Santiago Tawil (from Argentina). 

The company filed a Notice of Intent for Arbitration on December 9, 2008 and a Notice of Arbitration on June 15^th.  The hearing on preliminary objections was held in Washington D.C. from May 31 to June 1, 2010.  The tribunal found in favor of the company and the second round of hearings, on the jurisdiction of the case, were held from May 2 to May 4, 2011.  The tribunal has yet to release their decision on this round.    

During the jurisdiction hearing both Nicaragua and Costa Rica submitted non-disputing party claims in the case, in favor of the Salvadoran government.  The Department of State also made a submission questioning Pac Rim’s use of DR-CAFTA. 

Also, the National Roundtable against Metallic Mining in El Salvador together with the Center International Environmental Law (CIEL) submitted an Amicus Brief, supporting the Government of El Salvador position.

All procedural details can be seen at case 67. on the ICSID pending cases page.

All documents surrounding the case, including testimony, amicus briefs, and transcripts of the hearings, are available for download on the Ministry of the Environment of El Salvador’s webpage.