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International Arbitration Forum

ADP International S.A. and Vinci Airports S.A.S. v. Republic of Chile

Case summary

At a glance

Parties
ADP International S.A. and VINCI Airports SAS v. Republic of Chile
Case no.
ICSID Case No. ARB/21/40
Forum and rules
ICSID
Treaty
Chile–France BIT (Agreement on the Promotion and Protection of Investments)
Sector
Airports; concession
Outcome
The published document does not show the outcome. It reports only that ICSID registered the request for arbitration.

The dispute

ADP International S.A. and VINCI Airports SAS are the majority shareholders of Sociedad Concesionaria Nuevo Pudahuel S.A. In 2015, for a fixed term of 20 years, that company was awarded the concession to build, repair and operate Arturo Merino Benítez International Airport. Air traffic and commercial activity at the airport fell because of the COVID-19 pandemic and the State's health measures, such as border closures and quarantines. The claimants allege that Chile should have adopted specific measures for the concessionaire alone to offset its temporary loss of revenue, and that Chile breached its obligations under the Chile–France BIT. Chile's position, given in its press release, is that it acted strictly in line with international law. It says it responded to the pandemic through general measures that applied to all economic actors without exclusions, privileges or discrimination.

Key holdings

  1. No decision has been published. The only document is Chile's press release of 16 August 2021. It reports that the request was registered and that amicable negotiations under Article 8 of the Treaty ended without agreement after being extended once. Press release, pp. 1–2

Procedural history

  1. The parties held amicable negotiations under Article 8 of the Chile–France BIT. The negotiations were extended once and ended without agreement.
  2. 13 August 2021Chile's Undersecretariat of International Economic Relations is notified that ICSID has registered the request for arbitration.
  3. 16 August 2021Chile issues a press release on the request for arbitration.

Keywords

Summary generated with AI from the published documents — refer to the award for the authoritative text.

Case ID
ICSID Case No. ARB/21/40
Country
Economic sector
Treaty
France - Chile BIT (1992)
Section