Case Details

MNSS B.V. and Recupero Credito Acciaio N.V. v. Montenegro (ICSID Case No. ARB(AF)/12/8)

Proceeding Materials Procedural Details

  • Steel production
  • Other Industry
  • BIT Netherlands - Yugoslavia, Federal Republic of 2002 - Investment Law - Montenegro (2011)
  • ICSID Additional Facility - Arbitration Rules

    (a) Original Proceeding

    • MNSS B.V. (Dutch), Recupero Credito Acciaio N.V. (Dutch)
    • Montenegro (Montenegrin)
    • December 6, 2012
    • March 29, 2013

      Composition of Tribunal

    • Andrés RIGO SUREDA (Spanish) - Appointed by the Parties
    • Emmanuel GAILLARD (French) - Appointed by the Claimant(s)
      Brigitte STERN (French) - Appointed by the Respondent(s)

      Party Representatives

    • CMS Cameron McKenna, London, U.K.
      Dan Sarooshi, London, U.K.
      Toby Landau, London, U.K.
    • Schönherr Rechtsanwälte GmbH, Tuchlauben, Austria
      David A. Pawlak, Warsaw, Poland
      Moravcevic Vojnovic & Partneri OAD, Belgrade, Republic of Serbia
    • English
    • Concluded
    • May 4, 2016 - The Tribunal renders its award.

    (b) Supplementary Decision Proceeding

    • Claimant(s)
    • June 16, 2016 (Claimant(s))

      Party Representatives

    • CMS Cameron McKenna, London, U.K.
      Dan Sarooshi, London, U.K.
      Toby Landau, London, U.K.
    • Schönherr Rechtsanwälte GmbH, Tuchlauben, Austria
      David A. Pawlak, Warsaw, Poland
      Moravcevic Vojnovic & Partneri OAD, Belgrade, Republic of Serbia
    • English
    • Concluded
    • October 24, 2016 - The Tribunal issues its decision on the request for supplementary decision.

(a) Original Proceeding

Date Development
December 6, 2012 The Secretary-General registers a request for the institution of arbitration proceedings.
February 1, 2013 Following appointment by the Respondent, Christoph Schreuer (Austrian) accepts his appointment as arbitrator.
February 5, 2013 Following appointment by the Claimants, Emmanuel Gaillard (French) accepts his appointment as arbitrator.
March 28, 2013 Following appointment by the parties, Andrés Rigo Sureda (Spanish) accepts his appointment as presiding arbitrator.
March 29, 2013 The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Andrés Rigo Sureda (Spanish), President, appointed by agreement of the parties; Emmanuel Gaillard (French), appointed by the Claimant; and Christoph Schreuer (Austrian), appointed by the Respondent.
May 17, 2013 The Tribunal holds a first session by telephone conference.
May 23, 2013 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 20, 2013 The Claimant files a memorial on the merits.
December 5, 2013 Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
December 11, 2013 The Tribunal issues Procedural Order No. 2 concerning production of documents.
January 20, 2014 The Respondent files a counter-memorial on the merits and objections to jurisdiction including a request to address the objections to jurisdiction as a preliminary question.
February 4, 2014 The Tribunal issues Procedural Order No. 3 concerning the production of documents.
February 20, 2014 The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
February 27, 2014 The Tribunal issues Procedural Order No. 4 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question.
June 20, 2014 The Claimants file a counter-memorial on jurisdiction and a reply on the merits.
July 18, 2014 The Tribunal issues Procedural Order No. 5 concerning costs.
September 15, 2014 The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
September 27, 2014 The Respondent files a request for the Tribunal to decide on production of documents.
October 13, 2014 The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
October 20, 2014 The Respondent files a response to the Claimants’ observations of October 13, 2014.
October 23, 2014 The Tribunal decides on production of documents.
November 20, 2014 The Respondents file a reply on jurisdiction and a rejoinder on the merits.
February 20, 2015 The Claimants file a rejoinder on jurisdiction.
February 24, 2015 Following the resignation of arbitrator Christoph Schreuer (Austrian), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to Article 16(2) of the ICSID Arbitration (Additional Facility) Rules.
April 7, 2015 Following the resignation of arbitrator Christoph Schreuer, Brigitte Stern (French) accepts her appointment as arbitrator, appointed by Respondent in accordance with Article 17(1) of the ICSID Arbitration (Additional Facility) Rules.

The Tribunal is reconstituted. Its members are: Andrés Rigo Sureda (Spanish), President, appointed by agreement of the parties; Emmanuel Gaillard (French), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent in accordance with Article 17(1) of the ICSID Arbitration (Additional Facility) Rules. The proceeding is resumed pursuant to Article 18 of the ICSID Arbitration (Additional Facility) Rules.
May 6, 2015 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
May 9, 2015 The Tribunal issues Procedural Order No. 7 concerning procedural matters.
June 1, 2015 - June 10, 2015 The Tribunal holds a hearing on jurisdiction and the merits in Paris.
July 9, 2015 Each party files a post-hearing brief.
March 28, 2016 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration (Additional Facility) Rule 44(1).
May 4, 2016 The Tribunal renders its award.

(b) Supplementary Decision Proceeding

Date Development
June 16, 2016 The Claimants file a request for a supplementary decision.
July 28, 2016 The Respondent files observations on the Claimants’ request for a supplementary decision.
August 18, 2016 The Claimants file further observations on the Respondent’s response of July 28, 2016.
September 7, 2016 The Respondent files further observations on the Claimants’ request for a supplementary decision.

The Respondent files a statement of costs.
October 24, 2016 The Tribunal issues its decision on the request for supplementary decision.