Case Details

Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18)

Subject of Dispute:

Oil and gas distribution enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Greece - Georgia 1994 - ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Ioannis Kardassopoulos (Greek)
Respondent(s):

Georgia (Georgian)
Date Registered:

October 3, 2005
Date of Constitution of Tribunal:

February 27, 2006

Composition of Tribunal

President:

L. Yves FORTIER (Canadian) - Appointed by the Parties
Arbitrators:

Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Vaughan LOWE (British) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

L. Yves FORTIER (Canadian)
Arbitrators:

Francisco ORREGO VICUÑA (Chilean)
Arthur WATTS (British)
Reconstituted:

January 16, 2008: Vaughan LOWE (British) appointed following the passing away of Arthur WATTS (British)

Party Representatives

Claimant(s):

Dewey LeBoeuf, London, UK and Washington, DC, USA
Respondent(s):

Skadden, Arps, Slate, Meagher & Flom, London, UK and New York, NY, USA
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 3, 2010 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 16, 2010 (Respondent(s))
Date of Constitution of ad hoc Committee:

August 11, 2010

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Dominique HASCHER (French)
Members:

Cecil W.M. ABRAHAM (Malaysian)
Karl-Heinz BÖCKSTIEGEL (German)

Party Representatives

Claimant(s):

Dewey LeBoeuf, London, U.K. and Washington, D.C., U.S.A.
Respondent(s):

Skadden, Arps, Slate, Meagher & Flom, London, U.K. and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 12, 2011 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).

(c) Revision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

January 21, 2011 (Respondent(s))
Date of Constitution of Tribunal:

February 4, 2011

Composition of Tribunal

President:

L. Yves FORTIER (Canadian)
Arbitrators:

Vaughan LOWE (British)
Francisco ORREGO VICUÑA (Chilean)

Party Representatives

Claimant(s):

Dewey LeBoeuf, London, U.K. and Washington, D.C., U.S.A.
Respondent(s):

Skadden, Arps, Slate, Meagher & Flom, London, U.K. and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 21, 2011 - The Tribunal issues a procedural order taking note of the discontinuance of the proceedings pursuant to ICSID Arbitration Rules 53 and 43(1).

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Award

Available on the ICSID Website

Decision on Jurisdiction (July 6, 2007) English (Original)

Award (March 3, 2010) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Applicant's Request for a Continued Stay of Enforcement of the Award

Decision of the ad hoc Committee to terminate the Stay of Enforcement of the Award

Decision of the ad hoc Committee to suspend the Annulment Proceeding

Available on the ICSID Website

Decision on Applicant's Request for a Continued Stay of Enforcement of the Award (November 12, 2010) English (Original)

Decision of the ad hoc Committee to terminate the Stay of Enforcement of the Award (January 19, 2011) English (Original)

Decision of the ad hoc Committee to suspend the Annulment Proceeding (March 21, 2011) English (Original)

(a) Original Proceeding

Date	Development
October 3, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
February 27, 2006	The Tribunal is constituted. Its members are: L. Yves Fortier (Canadian), President; Francisco Orrego Vicuña (Chilean); and Arthur Watts (British).
May 4, 2006	The Tribunal holds its first session in London.
July 13, 2006	The Claimant files a memorial on the merits.
October 3, 2006	The Respondent files a memorial on jurisdiction.
November 7, 2006	The Claimant files a counter-memorial on jurisdiction.
December 4, 2006	The Respondent files a reply on jurisdiction.
January 5, 2007	The Claimant files a rejoinder on jurisdiction.
January 15, 2007 - January 16, 2007	The Tribunal holds a hearing on jurisdiction in London.
July 6, 2007	The Tribunal issues a decision on jurisdiction.
October 9, 2007	The Tribunal issues a procedural order concerning the procedural calendar.
November 19, 2007	Following the passing away of Arthur Watts, the Centre notifies the parties of the vacancy on the Tribunal and of the suspension of the proceeding.
January 16, 2008	The Tribunal is reconstituted. Its members are: L. Yves Fortier (Canadian), President; Francisco Orrego Vicuña (Chilean); and Vaughan Lowe (British).
January 28, 2008	The Claimant files a supplemental memorial on the merits.
June 6, 2008	The Respondent files a counter-memorial on the merits.
July 9, 2008	The Respondent files a request for production of documents.
July 14, 2008	The Claimant files observations on the Respondent’s request for production of documents. The Respondent files a response to the Claimant’s observations on the request for production of documents.
July 31, 2008	The Claimant files a reply on the merits.
August 8, 2008	The Claimant files additional observations on the Respondent’s request for production of documents. The Claimant files a request for production of documents.
August 26, 2008	The President of the Tribunal holds a procedural session with the parties by telephone conference.
August 28, 2008	The Tribunal issues a procedural order concerning procedural matters and production of documents.
September 25, 2008	The Respondent files observations on the Claimant’s request for production of documents of August 8, 2008.
October 3, 2008	The Claimant files a response to the Respondent’s observations on the request for production of documents.
October 28, 2008	The Tribunal issues a procedural order concerning production of documents.
November 12, 2008	The Respondent files a rejoinder on the merits.
January 10, 2009 - January 19, 2009	The Tribunal holds a hearing on the merits in London.
March 12, 2009 - March 14, 2009	The Tribunal holds a hearing on quantum in London.
May 22, 2009	The parties file post-hearing briefs.
September 30, 2009	The parties file submissions on costs.
October 19, 2009	The parties file reply submissions on costs.
February 8, 2010	The Tribunal declares the proceeding closed.
March 3, 2010	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
July 16, 2010	The Secretary-General registers an application for annulment and the Centre notifies the parties of the provisional stay of enforcement of the award.
August 11, 2010	The ad hoc Committee is constituted. Its members are: Dominique Hascher (French), President; Cecil W. M. Abraham (Malaysian); and Karl-Heinz Böckstiegel (German).
August 12, 2010	Georgia files an application for an unconditional stay of enforcement of the award.
September 2, 2010	Ioannis Kardassopoulos files observations on Georgia’s application for an unconditional stay of enforcement of the award, and an application for security as a condition of any continued stay of enforcement.
September 30, 2010	Georgia files a response to the application for security as a condition of any continued stay of enforcement.
October 18, 2010	The ad hoc Committee holds a first session and a hearing on the application for continuation of the stay of enforcement of the award and the application for security as a condition of any continued stay of enforcement.
November 12, 2010	The ad hoc Committee issues a decision on the stay of enforcement of the award.
December 30, 2010	Georgia files a memorial on annulment.
January 19, 2011	The ad hoc Committee issues a decision to terminate the stay of enforcement of the award.
March 15, 2011	Ioannis Kardassopoulos files a counter-memorial on annulment.
March 21, 2011	The ad hoc Committee issues a decision concerning suspension of the proceeding.
November 30, 2011	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).
December 12, 2011	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).

(c) Revision Proceeding

Date	Development
January 21, 2011	The Secretary-General registers an application for revision of the award submitted by Georgia and notifies the parties of the provisional stay of enforcement of the award.
February 4, 2011	The Tribunal is reconstituted. Its members are: L. Yves Fortier (Canadian), President; Vaughan Lowe (British); and Francisco Orrego Vicuña (Chilean).
February 15, 2011	Georgia files a request to continue the stay of enforcement of the award.
February 25, 2011	Ioannis Kardassopoulos files observations on Georgia’s request to continue the stay of enforcement of the award.
March 2, 2011	Georgia files a response to Ioannis Kardassopoulos’ observations of February 25, 2011.
March 4, 2011	Ioannis Kardassopoulos files a request for an order of protection, pursuant to Article 44 of the ICSID Convention.
March 7, 2011	Ioannis Kardassopoulos files a reply on the stay of enforcement of the award.
March 24, 2011	The Tribunal issues a procedural order concerning the request for an order of protection.
April 13, 2011	The Tribunal holds a first session in London.
May 2, 2011	The Tribunal issues a decision on the stay of enforcement of the award. The Tribunal issues a procedural order concerning the procedural calendar.
June 7, 2011	The Tribunal issues a further decision on the stay of enforcement of the award.
June 17, 2011	Georgia files a memorial on revision.
August 19, 2011	Ioannis Kardassopoulos files a counter-memorial on revision.
September 16, 2011	Georgia files a reply on revision.
September 30, 2011	Ioannis Kardassopoulos files a request for provisional measures.
October 6, 2011	Georgia files observations on Ioannis Kardassopoulos' request for provisional measures.
October 14, 2011	Ioannis Kardassopoulos files a rejoinder on revision. Ioannis Kardassopoulos files a response to Georgia's observations of October 6, 2011. Georgia files a request concerning the hearing on revision.
October 18, 2011	Georgia files observations on Ioannis Kardassopoulos' request for provisional measures.
October 19, 2011	Ioannis Kardassopoulos files observations on Georgia's request concerning the hearing on revision.
October 20, 2011	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone.
October 28, 2011	The Tribunal issues a procedural order concerning the hearing on revision.
November 17, 2011	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
December 21, 2011	The Tribunal issues a procedural order taking note of the discontinuance of the proceedings pursuant to ICSID Arbitration Rules 53 and 43(1).