Case Details

Alois Schönberger v. Republic of Tajikistan (ICSID Case No. ARB(AF)/19/1)

Subject of Dispute:

Textile enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Austria - Tajikistan 2010
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Alois Schönberger (Austrian)
Respondent(s):

Republic of Tajikistan (Tajik)
Date Registered:

February 15, 2019
Date of Constitution of Tribunal:

April 13, 2021

Composition of Tribunal

President:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Thomas WEBSTER (Canadian) - Appointed by the Claimant(s)
Salim MOOLLAN (French, Mauritian) - Appointed by the Chairman of the Administrative Council

Party Representatives

Claimant(s):

Landolt & Koch, Geneva, Switzerland
Respondent(s):

Government of the Republic of Tajikistan, Dushanbe, Tajikistan
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 8, 2023 - The Tribunal issued its award; attached to the award is a dissenting opinion by arbitrator Thomas Webster.

No References Available.

(a) Original Proceeding

Date	Development
February 15, 2019	The Secretary-General registers a request for the institution of arbitration proceedings.
May 7, 2019	Following appointment by the Claimant, Thomas Webster (Canadian) accepts his appointment as arbitrator.
June 13, 2019	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 6(4) of the ICSID Arbitration (Additional Facility) Rules.
March 18, 2021	Following appointment by the Chairman of the Administrative Council, Salim Moollan (British/French/Mauritian) accepts his appointment as arbitrator.
April 10, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility), Stanimir A. Alexandrov (Bulgarian) accepts his appointment as presiding arbitrator.
April 13, 2021	The Tribunal is constituted in accordance with Article 6(3) of the Arbitration (Additional Facility) Rules. Its members are: Stanimir A. Alexandrov (Bulgarian), President, appointed by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility); Thomas Webster (Canadian), appointed by the Claimant; and Salim Moollan, QC (France/Mauritius/United-Kingdom), appointed by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility) Rules.
June 3, 2021	The Tribunal holds a first session by videoconference.
June 18, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 18, 2021	The Claimant files a memorial on the merits.
February 24, 2022	The Claimant files a request with the Tribunal, pursuant to Article 48(1) of the Arbitration (Additional Facility) Rules, to deal with the questions submitted to it and to render an award.
February 25, 2022	The Tribunal notifies the Respondent of the Claimant's request and grants a period of grace to the Respondent to file its submission in accordance with Article 48(2) of the Arbitration (Additional Facility) Rules.
June 6, 2022	The President holds a pre-hearing organizational meeting with the Claimant by video conference.
June 7, 2022	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing.
June 21, 2022 - June 22, 2022	The Tribunal holds a hearing on jurisdiction and the merits by videoconference.
July 1, 2022	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
July 18, 2022	The Tribunal decides on the Claimant’s request of July 1, 2022.
August 10, 2022	The Claimant files new evidence pursuant to the Tribunal’s decision of July 18, 2022.
August 25, 2023	The Claimant files a cost submission.
December 8, 2023	The Tribunal issued its award; attached to the award is a dissenting opinion by arbitrator Thomas Webster.