Case Details

David Minnotte and Robert Lewis v. Republic of Poland (ICSID Case No. ARB(AF)/10/1)

Subject of Dispute:

Blood treatment and processing facilities
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT United States of America - Poland 1990
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

David Minnotte (U.S.), Robert Lewis (U.S.)
Respondent(s):

Republic of Poland (Polish)
Date Registered:

September 14, 2010
Date of Constitution of Tribunal:

February 25, 2011

Composition of Tribunal

President:

Vaughan LOWE (British) - Appointed by the Parties
Arbitrators:

Maurice MENDELSON (British) - Appointed by the Claimant(s)
Eduardo SILVA ROMERO (Colombian, French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Colson Hicks Eidson, Washington, D.C., U.S.A.
Greenberg Traurig, Washington, D.C., U.S.A.
Respondent(s):

K&L Gates Jamka Sp.K., Warsaw, Poland
State Treasury Solicitors
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 16, 2014 - The Tribunal renders its award.

(b) Interpretation Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

June 20, 2014 (Claimant(s))

Party Representatives

Claimant(s):

Colson Hicks Eidson, Washington, D.C., U.S.A.
Greenberg Traurig, Washington, D.C., U.S.A.
Respondent(s):

K&L Gates Jamka Sp.K., Warsaw, Poland
State Treasury Solicitors
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 22, 2014 - The Tribunal issues its decision on interpretation.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (May 16, 2014) English (Original)

(b) Interpretation Proceeding

Published Decisions

Decision on the Request for Interpretation of the Award

Available on the ICSID Website

Decision on the Request for Interpretation of the Award (October 22, 2014) English (Original)

(a) Original Proceeding

Date	Development
September 14, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
January 25, 2011	Following appointment by the Claimants, Maurice Mendelson (British) accepts his appointment as arbitrator.
February 14, 2011	Following appointment by the Respondent, Eduardo Silva-Romero (Colombian/French) accepts his appointment as arbitrator.
February 25, 2011	Following appointment by the parties, Vaughan Lowe (British) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 9 of the Arbitration (Additional Facility) Rules. Its members are: Vaughan Lowe (British), President, appointed by agreement of the parties; Maurice Mendelson (British), appointed by the Claimants; and Eduardo Silva-Romero (Colombian/French), appointed by the Respondent.
April 14, 2011	The Tribunal holds a first session in London.
September 26, 2011	The Claimants file a request for provisional measures.
October 14, 2011	The Respondent files observations on the Claimants’ request for provisional measures of September 26, 2011.
November 4, 2011	The Claimants file a response to the Respondent’s observations of October 14, 2011.
November 7, 2011	The Claimants file a memorial on the merits.
November 18, 2011	The Respondent files further observations on the Claimants' response of November 4, 2011.
January 23, 2012	The Tribunal holds a hearing on provisional measures by video conference.
February 23, 2012	The Tribunal issues a decision on provisional measures, and Procedural Order No. 1 concerning the conduct of the proceeding.
May 7, 2012	The Respondent files a counter-memorial on the merits, a request for bifurcation and objections to jurisdiction and admissibility.
May 26, 2012	The Claimants file observations on the Respondent's request for bifurcation.
June 5, 2012	The Tribunal decides on the request for bifurcation.
September 11, 2012	The Claimants file a request for the Tribunal to decide on production of documents.
September 25, 2012	The Claimants amend their request of September 11, 2012.
October 1, 2012	The Respondent files observations on the Claimants' request for the Tribunal to decide on production of documents as amended on September 25, 2012.
October 5, 2012	The Claimants file a reply on the merits.
November 2, 2012	The Tribunal issues Procedural Order No. 2 concerning production of documents.
November 30, 2012	As instructed by the Tribunal in Procedural Order No. 2, each party files a written submission on production of documents.
December 18, 2012	Each party files observations on the other party's written submission of November 30, 2012.
January 4, 2013	The Respondent files a rejoinder on the merits.
January 10, 2013	The Tribunal holds a telephone conference with the parties concerning production of documents.
January 14, 2013	The Tribunal issues Procedural Order No. 3 concerning production of documents.
April 10, 2013	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
April 15, 2013 - April 17, 2013	The Tribunal holds a hearing on jurisdiction and the merits in Istanbul.
June 10, 2013	Each party files a statement of costs.
May 16, 2014	The Tribunal renders its award.

(b) Interpretation Proceeding

Date	Development
June 20, 2014	The Claimants file a request for interpretation of the award.
July 10, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 18, 2014	The Claimants file a supplement to the request for interpretation.
August 1, 2014	The Respondent files observations on the Claimants' request for interpretation of the award.
September 26, 2014	The Respondent files a submission on costs.
September 29, 2014	The Claimants file a submission on costs.
October 22, 2014	The Tribunal issues its decision on interpretation.