Kappes v. Guatemala Daniel W. Kappes and Kappes, Cassidy & Associates v. Republic of Guatemala (ICSID Case No. ARB/18/43)
United States of America
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.
Primary: B - Mining and quarrying
7 - Mining of metal ores
ICSID (International Centre for Settlement of Investment Disputes)
ICSID (International Centre for Settlement of Investment Disputes)
Kalicki, J. E.
Townsend, J. M.
Douglas, Z.
350.50 mln USD
Data not available
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Indirect expropriation

Full protection and security, or similar

Most-favoured nation treatment