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2018
Kappes v. Guatemala Daniel W. Kappes and Kappes, Cassidy & Associates v. Republic of Guatemala (ICSID Case No. ARB/18/43)
Applicable IIA
Nationality of the parties
Guatemala
United States of America
Summary of matters at issue
Ownership of Exploraciones Mineras de Guatemala, S.A. (“Exmingua”), which holds a licence to develop and operate the “El Tambor” gold and silver mining project and an exploration licence for the “Santa Margarita” mining project.
Claims arising out of Guatemalan courts’ suspension of Exmingua’s mining licences for the “El Tambor” project and the company’s right to export minerals, related to amparo actions for alleged failure to conduct consultations with local communities. According to the claimants, the Government has also failed to provide Exmingua with access to the “Santa Margarita” mining site, which was blocked by protesters.
Economic sector and subsector
Primary: B - Mining and quarrying
7 - Mining of metal ores
Arbitral rules and administering institution
ICSID (International Centre for Settlement of Investment Disputes)
ICSID (International Centre for Settlement of Investment Disputes)
Composition of tribunal
Data not available
Status/Outcome of original proceedings
Pending
Decisions rendered
None
Amount of compensation
300.50 mln USD
Data not available
IIA breaches alleged/found
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Indirect expropriation
Pending
Follow-on proceedings
None
Link to Italaw's case page