Case Details

Hrvatska Elektroprivreda d.d. v. Republic of Slovenia (ICSID Case No. ARB/05/24)

Proceeding Materials Procedural Details

  • Nuclear power plant
  • Electric Power & Other Energy
  • Contract, ECT (Energy Charter Treaty)
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Hrvatska Elektroprivreda d.d. (Croatian)
    • Republic of Slovenia (Slovenian)
    • December 28, 2005
    • April 20, 2006

      Party Representatives

    • Hunton & Williams, Washington, D.C., U.S.A.
    • Allen & Overy, London, U.K.
    • English
    • Concluded
    • December 17, 2015 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Order Concerning the Participation of a Counsel

Decision on the Treaty Interpretation Issue

Individual Opinion (Attached to the Decision)

Award of the Tribunal

Available on the ICSID Website

Order Concerning the Participation of a Counsel (May 6, 2008) English (Original)

Decision on the Treaty Interpretation Issue (June 12, 2009) English (Original)

Individual Opinion (Attached to the Decision) (June 12, 2009) English (Original)

Award of the Tribunal (December 17, 2015) English (Original)

(a) Original Proceeding

Date Development
December 28, 2005 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
March 2, 2006 Following appointment by the Claimant, Charles N. Brower (U.S.) accepts his appointment as arbitrator.
March 16, 2006 Following appointment by the Respondent, Jan Paulsson (French) accepts his appointment as arbitrator.
April 20, 2006 Following appointment by the co-arbitrators, David A.R. Williams (New Zealand) accepts his appointment as presiding arbitrator.
The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David A.R. Williams (New Zealand), President, appointed by his co-arbitrators; Charles N. Brower (U.S.), appointed by the Claimant; and Jan Paulsson (French), appointed by the Respondent.
July 3, 2006 The Tribunal holds its first session in London.
November 13, 2006 The Claimant files a memorial on the merits.
December 8, 2006 The Respondent files objections to jurisdiction and a request for bifurcation.
February 15, 2007 The Tribunal issues a decision joining jurisdiction to the merits.
March 22, 2007 The Tribunal issues a procedural order concerning the procedural calendar.
June 7, 2007 The Tribunal issues a procedural order concerning production of documents.
June 21, 2007 The Tribunal issues a further procedural order concerning the procedural calendar.
July 6, 2007 The Respondent files a counter-memorial on the merits and a memorial on objections to jurisdiction and admissibility.
December 10, 2007 The Claimant files a reply on the merits and a counter-memorial on objections to jurisdiction and admissibility.
April 7, 2008 The Respondent files a rejoinder on the merits.
April 21, 2008 The President of the Tribunal holds a pre-hearing conference with the parties by telephone.
May 5, 2008 - May 16, 2008 The Tribunal holds a hearing on jurisdiction and the merits in Paris.
May 6, 2008 The Tribunal issues a procedural order concerning the participation of a counsel.
May 30, 2008 The Respondent files applications concerning certain claims and production of documents.
June 16, 2008 The Claimant files observations on the Respondent’s applications.
October 6, 2008 The Tribunal issues a procedural order concerning the hearing on treaty interpretation.
October 24, 2008 The Claimant files observations concerning treaty interpretation.
November 14, 2008 The Respondent files a reply on treaty interpretation.
November 19, 2008 The Claimant files a rejoinder on treaty interpretation.
November 24, 2008 - November 25, 2008 The Tribunal holds a hearing in Paris on treaty interpretation.
July 7, 2009 The President of the Tribunal holds a pre-hearing conference with the parties by telephone.
July 27, 2009 - August 31, 2009 The Tribunal holds a hearing on quantum and certain merits issues in Paris.
October 5, 2009 The parties file post-hearing briefs.
November 6, 2009 The parties file reply post-hearing briefs.
November 13, 2009 The parties file simultaneously statements of costs.
November 20, 2009 The Claimant files a reply statement of costs.
November 25, 2009 The Respondent files a reply statement of costs.
October 1, 2010 The Tribunal issues a procedural order concerning its appointment of an independent expert.
December 23, 2010 The Tribunal issues directions for the appointment of a Tribunal expert.
February 11, 2011 - March 8, 2011 The parties file submissions pursuant to the Procedural Order of October 1, 2010.
June 9, 2011 The Tribunal identifies the person to serve as Tribunal-appointed expert.
August 22, 2011 The Tribunal issues decision on the Terms of Reference of the Tribunal-appointed expert.
December 11, 2011 The expert prepares a paper setting the issues and makes a preliminary request for information.
January 30, 2012 The Tribunal invites the parties' comments on the Issues Paper.
February 24, 2012 The parties provide documentation requested by the expert.
March 6, 2012 The Claimant requests an in-person meeting between the parties' counsel and the expert in London.
March 15, 2012 The Respondent provides observations on the Claimant's request of March 6, 2012.
March 30, 2012 The expert declines the proposed meeting and informs the parties of the next steps of his work.
April 20, 2012 The Respondent files further observations on the issues paper.
April 27, 2012 The Claimant files a reply to the Respondent's observations of April 20, 2012.
May 10, 2012 The Respondent files a reply to Claimant's letter of April 27, 2012.
June 7, 2012 The Tribunal inquires about the progress of the expert's report.
The expert replies to the Tribunal and queries about the interpretation of certain tasks.
June 18, 2012 The Claimant requests the Tribunal to hold an in-person status conference.
July 4, 2012 The Tribunal replies to the expert's inquiry of June 7, 2012 and to the Claimant's request of June 18, 2012.
The expert requests additional information from the parties.
July 31, 2012 The expert requests further information from the parties.
April 9, 2013 The Claimant files a request for the Tribunal to decide on production of documents.
April 12, 2013 The Claimant files a further request for the Tribunal to decide on production of documents.
April 15, 2013 The Respondent files observations on the Claimant's requests for the Tribunal to decide on production of documents.
April 16, 2013 The information requested from the parties on July 4 and July 31, 2013, is provided to the expert.
April 30, 2013 The Tribunal issues a decision on the Claimant's request of April 9, 2013.
May 14, 2013 The Respondent files observations on the Claimant’s request of April 12, 2013.
May 23, 2013 The Tribunal issues a decision on the Claimant's request of April 12, 2013.
February 5, 2014 The independent expert issues a report.
April 25, 2014 Each party files observations on the independent expert’s report.
May 30, 2014 Each party files a response to the other party’s observations of April 25, 2014.
June 25, 2014 The parties propose to hold a hearing on certain matters relating to the independent expert’s report.
October 10, 2014 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 27, 2014 The Tribunal issues a decision concerning the procedural calendar and the organization of the hearing.
March 26, 2015 - March 27, 2015 The Tribunal holds a hearing on certain matters relating to the independent expert’s report in Paris.
April 1, 2015 The Tribunal issues a procedural order concerning procedural matters.
April 23, 2015 The Claimant files a submission on costs.
April 24, 2015 The Respondent files a submission on costs.
November 17, 2015 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 17, 2015 The Tribunal renders its award.