Case Details

Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v. Republic of Poland (ICSID Case No. ARB(AF)/11/3)

Proceeding Materials Procedural Details

  • Vegetable oil production and processing enterprise
  • Agriculture, Fishing & Forestry
  • BIT United States of America - Poland 1990
  • ICSID Additional Facility - Arbitration Rules

    (a) Original Proceeding

    • Atlantic Investment Partners LLC (U.S.), Schooner Capital LLC (U.S.), Vincent J. Ryan (U.S.)
    • Republic of Poland (Polish)
    • April 26, 2011
    • October 11, 2011

      Composition of Tribunal

    • Makhdoom Ali KHAN (Pakistani) - Appointed by the Secretary-General
    • Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
      Claus VON WOBESER (Mexican) - Appointed by the Respondent(s)

      Party Representatives

    • Kochanski Zieba Rapala & Partners, Warsaw, Poland
    • K&L Gates Jamka sp.k., Warsaw, Poland
      State Treasury Solicitors
    • English
    • Concluded
    • November 24, 2015 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Francisco Orrego Vicuña.

(a) Original Proceeding

Date Development
April 26, 2011 The Secretary-General registers a request for the institution of arbitration proceedings.
July 28, 2011 Following appointment by the Claimants, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator.
August 19, 2011 Following appointment by the Respondent, Claus von Wobeser (Mexican) accepts his appointment as arbitrator.
October 8, 2011 Following appointment by the Secretary-General, Makhdoom Ali Khan (Pakistani) accepts his appointment as presiding arbitrator.
October 11, 2011 The Tribunal is constituted in accordance with Article 6(3) of the Arbitration (Additional Facility) Rules. Its members are: Makhdoom Ali Khan (Pakistani), President; appointed by the Secretary-General pursuant to the parties' agreement; Francisco Orrego Vicuña (Chilean), appointed by the Claimants; and Claus von Wobeser (Mexican), appointed by the Respondent.
November 28, 2011 The Claimants file a request for the Tribunal to decide on matters concerning participation of counsel.
December 6, 2011 The Respondent files observations on the Claimants' request of November 28, 2011 and files a request for the Tribunal to decide on further matters concerning participation of counsel.
December 8, 2011 The Tribunal holds a first session and a hearing on participation of counsel in London.
December 15, 2011 Each party files a written submission concerning the place of the arbitration.
December 22, 2011 The Claimants file further observations on their request of November 28, 2011.
December 30, 2011 The Respondent files a response to the Claimants' observations of December 22, 2011.
February 1, 2012 The Tribunal issues Procedural Order No. 1 concerning the place of arbitration.
May 8, 2012 The Claimants file a memorial on the merits.
June 29, 2012 The Tribunal issues a decision concerning participation of counsel.
October 8, 2012 The Respondent files a counter-memorial on the merits, including objections to jurisdiction and admissibility, and a request to address the objections to jurisdiction as a preliminary question.
October 25, 2012 The Claimants file observations on the Respondent's request to address the objections to jurisdiction as a preliminary question.
January 16, 2013 The Tribunal issues a decision on the Respondent's request to address the objections to jurisdiction as a preliminary question.
February 15, 2013 The Claimants file various requests regarding the preservation of the integrity of the proceeding.
March 1, 2013 The Respondent files observations on the Claimants' requests of February 15, 2013.
March 13, 2013 The Tribunal holds a hearing on the preservation of the integrity of the proceeding by telephone conference. In the course of the hearing, the Claimants request the Tribunal to decide on the participation of counsel.
March 20, 2013 Each party files answers to questions posed by the Tribunal during the hearing held on March 13, 2013.
April 14, 2013 Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
May 6, 2013 The Respondent produces documents in response to the Claimants' document production request.
May 13, 2013 The Claimants file observations on the documents produced by the Respondent on May 6, 2013 and renew their document production request.
May 21, 2013 The Respondent files a response to the Claimants' observations of May 13, 2013 and produces further documents.
May 22, 2013 The Respondent produces further documents in response to the Claimants' document production request.
June 17, 2013 The Tribunal issues Procedural Order No. 2 concerning production of documents.
June 18, 2013 The Respondent files a request for clarification of the Tribunal's Procedural Order No. 2.

The Claimants file observations on the Respondent's request for clarification of the Tribunal's Procedural Order No. 2.
June 20, 2013 The Tribunal decides on the Respondent's request of June 18, 2013.
July 1, 2013 The Tribunal issues a decision concerning participation of counsel.
September 3, 2013 The Claimants file a reply on jurisdiction and the merits.
November 26, 2013 Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
December 7, 2013 The Tribunal issues Procedural Order No. 3 concerning production of documents.
January 28, 2014 The Respondent files a request for the Tribunal to decide on production of documents.
January 31, 2014 The Claimants file observations on the Respondent's request for the Tribunal to decide on production of documents.
February 10, 2014 The Tribunal issues Procedural Order No. 4 concerning production of documents.
March 20, 2014 The Respondent files a rejoinder on jurisdiction and the merits.
April 8, 2014 The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing on jurisdiction and the merits.
April 11, 2014 The Claimants file a request for clarification of the Tribunal's Procedural Order No. 5 and a request for the Tribunal to decide on the admissibility of new evidence.
April 16, 2014 The Respondent files observations on the Claimants' requests of April 11, 2014.
April 24, 2014 The Tribunal issues Procedural Order No. 6 concerning the Claimants' requests of April 11, 2014.
April 28, 2014 - May 3, 2014 The Tribunal holds a hearing on jurisdiction and the merits in Paris.
June 4, 2014 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 6, 2014 Each party files a post-hearing brief.
June 10, 2014 The Claimants file observations on the Respondent's request of June 4, 2014.
June 19, 2014 The Tribunal issues Procedural Order No. 7 concerning the admissibility of new evidence.
July 21, 2014 Each party files a submission on costs.
August 24, 2015 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration (Additional Facility) Rule 44(1).
November 24, 2015 The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Francisco Orrego Vicuña.