Case Details

GRAND EXPRESS Non-Public Joint Stock Company v. Republic of Belarus (ICSID Case No. ARB(AF)/18/1)

Subject of Dispute:

Railcar manufacturing plant
Economic Sector:

Other Industry
Instrument(s) Invoked:

Agreement for Encouragement and Mutual Protection of Investments in the Member States of the Eurasian Economic Community (2008) , Treaty on the Eurasian Economic Union (2014)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

GRAND EXPRESS Non-Public Joint Stock Company (Russian)
Respondent(s):

Republic of Belarus (Belarussian)
Date Registered:

January 31, 2018
Date of Constitution of Tribunal:

August 10, 2018

Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Rybalkin, Gortsunyan & Partners, Moscow, Russian Federation
Wilmer Cutler Pickering Hale & Dorr, London, U.K., New York and Washington, D.C., U.S.A.
Respondent(s):

White & Case, London, U.K. and Moscow, Russian Federation
Goretsky and Partners, Minsk, Belarus
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 25, 2024 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
January 31, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
May 4, 2018	Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
May 4, 2018	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
August 10, 2018	Following appointment by agreement of the parties, Laurent Lévy (Brazilian/Swiss) accepts his appointment as presiding arbitrator.
August 10, 2018	The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
October 3, 2018	The Tribunal holds a first session by telephone conference.
October 5, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 5, 2019	The Claimant files a memorial on the merits.
June 14, 2019	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
September 9, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
September 23, 2019	The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 5, 2020	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
February 13, 2020	The Tribunal issues Procedural Order No. 3 concerning confidentiality.
July 14, 2020	The Respondent files a rejoinder on the merits.
August 29, 2020	The Claimant files a response to the Respondent’s rejoinder on the merits.
September 20, 2020	The Tribunal holds a case management meeting by video conference.
November 11, 2020	The Claimant files a request for provisional measures and a request for the Tribunal to decide on confidentiality of documents.
December 7, 2020	The Respondent files observations on the Claimant’s requests of November 11, 2020.
December 28, 2020	The Tribunal issues Procedural Order No. 4 concerning provisional measures and the confidentiality of documents.
February 19, 2021	The Claimant files a memorial on quantum.
May 25, 2021	The Respondent files a counter-memorial on quantum.
July 20, 2021	The Claimant files a reply on quantum.
September 18, 2021	The Respondent files a rejoinder on quantum.
December 8, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence and production of documents.
December 20, 2021	The Claimant files observations on the Respondent’s request of December 8, 2021.
December 30, 2021	The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence and production of documents.
January 17, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
January 20, 2022	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
February 7, 2022 - February 21, 2022	The Tribunal holds a hearing on jurisdiction, the merits and quantum by video conference.
March 9, 2022	The Claimant files a memorial on the additional claim.
May 7, 2022	The Respondent files a counter-memorial on the additional claim.
May 15, 2022	The Claimant files a reply on the additional claim.
May 23, 2022	The Respondent files a rejoinder on the additional claim.
May 30, 2022	The Tribunal holds a hearing on the additional claim in Washington, D.C. and by video conference.
August 19, 2022	Each party files a post-hearing brief.
September 22, 2022	Each party files a submission on costs.
October 20, 2022	Each party files observations on the other party’s submission on costs.
January 4, 2024	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the Arbitration (Additional Facility) Rules.
January 25, 2024	The Tribunal renders its award.