Case Details

ABH Holdings S.A. v. Ukraine (ICSID Case No. ARB/24/1)

Subject of Dispute:

Banking and financial services
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Belgium-Luxembourg - Ukraine 1996
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

ABH Holdings S.A. (Luxembourg)
Respondent(s):

Ukraine (Ukrainian)
Date Registered:

January 11, 2024
Date of Constitution of Tribunal:

April 9, 2024

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by the Parties
Arbitrators:

Francis XAVIER (Malaysian) - Appointed by the Claimant(s)
Sean MURPHY (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Baiju Vasani, London, U.K.
Alexander Yean, London, U.K.
Respondent(s):

Quinn Emmanuel Urquhart & Sullivan UK, London, U.K.
Ministry of Justice, Kiev, Ukraine
Status of Proceeding:

Pending
Latest Development:

July 15, 2024 - The proposal for disqualification of arbitrator Sean Murphy is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 22(2).

No References Available.

(a) Original Proceeding

Date	Development
January 11, 2024	The Secretary-General registers a request for the institution of arbitration proceedings.
February 23, 2024	Following appointment by the Respondent, Sean Murphy (U.S.) accepts his appointment as arbitrator.
March 8, 2024	Following appointment by the Claimant, Francis Xavier (Malaysian) accepts his appointment as arbitrator.
April 9, 2024	Following appointment by agreement of the parties, Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator.
April 9, 2024	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by agreement of the parties; Francis Xavier (Malaysian), appointed by the Claimant; and Sean Murphy (U.S.), appointed by the Respondent.
April 9, 2024	The Claimant files a proposal for disqualification of arbitrator Sean Murphy pursuant to ICSID Arbitration Rule 22(1). The proceeding is suspended in accordance with ICSID Arbitration Rule 22(2).
April 30, 2024	The Respondent files observations on the proposal for disqualification.
May 3, 2024	Arbitrator Sean Murphy files a statement regarding the proposal for disqualification.
May 10, 2024	Each party files a submission in accordance with ICSID Arbitration Rule 22(1)(e).
July 15, 2024	The proposal for disqualification of arbitrator Sean Murphy is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 22(2).