Case Details

Electrabel S.A. v. Hungary (ICSID Case No. ARB/07/19)

Subject of Dispute:

Electricity generation
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Electrabel S.A. (Belgian)
Respondent(s):

Hungary (Hungarian)
Date Registered:

August 13, 2007
Date of Constitution of Tribunal:

December 5, 2007

Composition of Tribunal

President:

V.V. VEEDER (British) - Appointed by Co-Arbitrators
Arbitrators:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, Paris, France
Faludi Wolf Theiss, Budapest, Hungary
Freshfields Bruckhaus Deringer, Paris, France
Respondent(s):

Arnold & Porter, Washington, D.C., U.S.A. and London, U.K.
Kende, Molnár-Biró, Katona, Budapest, Hungary
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 25, 2015 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on the Claimant's Proposal to Disqualify a Member of the Tribunal

Decision on Jurisdiction, Applicable Law and Liability

Award of the Tribunal

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 13

Available on the ICSID Website

Decision on the Claimant's Proposal to Disqualify a Member of the Tribunal (February 25, 2008) English (Original)

Decision on Jurisdiction, Applicable Law and Liability (November 30, 2012) English (Original)

Award of the Tribunal (November 25, 2015) English (Original)

Procedural Order No. 1 (November 19, 2008) English (Original)

Procedural Order No. 2 (March 10, 2009) English (Original)

Procedural Order No. 3 (March 27, 2009) English (Original)

Procedural Order No. 4 (April 28, 2009) English (Original)

Procedural Order No. 5 (August 18, 2009) English (Original)

Procedural Order No. 6 (November 11, 2009) English (Original)

Procedural Order No. 7 (December 10, 2009) English (Original)

Procedural Order No. 8 (December 16, 2009) English (Original)

Procedural Order No. 9 (May 31, 2010) English (Original)

Procedural Order No. 10 (October 1, 2010) English (Original)

Procedural Order No. 11 (June 24, 2011) English (Original)

Procedural Order No. 12 (April 23, 2013) English (Original)

Procedural Order No. 13 (November 7, 2013) English (Original)

(a) Original Proceeding

Date	Development
August 13, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
October 4, 2007	Following appointment by the Claimant, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as arbitrator.
November 13, 2007	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
December 5, 2007	Following appointment by the co-arbitrators, V.V.Veeder (British) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: V.V.Veeder (British), President, appointed by his co-arbitrators; Gabrielle Kaufmann-Kohler (Swiss), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
December 21, 2007	The Claimant files a proposal for the disqualification of an arbitrator; the proceeding is suspended.
December 28, 2007	The Respondent files observations on the proposal for disqualification.
January 8, 2008	The Claimant files comments on the proposal for disqualification.
January 14, 2008	The Respondent files further observations on the proposal for disqualification.
February 25, 2008	The proposal for disqualification of an arbitrator is declined; the proceeding is resumed.
May 15, 2008	The Tribunal holds a first session in London.
July 29, 2008	The Claimant files a memorial on the merits.
September 3, 2008	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
September 30, 2008	The parties file observations on the application.
October 10, 2008	The Claimant files further observations on the application.
October 13, 2008	The Respondent files further observations on the application.
October 30, 2008	The Respondent files preliminary objections to jurisdiction and the merits.
November 17, 2008	The Tribunal holds a procedural session with the parties by telephone conference.
November 19, 2008	The Tribunal issues a procedural order concerning the procedural calendar.
January 30, 2009	The Claimant files an amendment to the memorial on the merits.
March 10, 2009	The Tribunal issues a procedural order concerning the procedural calendar.
March 27, 2009	The Tribunal issues a procedural order concerning the procedural calendar.
April 28, 2009	The Tribunal issues a procedural order concerning the application of a non-disputing party to file a written submission pursuant to ICSID Arbitration Rule 37(2).
May 15, 2009	The Respondent files a counter-memorial on the merits.
June 12, 2009	A non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
July 31, 2009	The parties file requests for production of documents.
August 18, 2009	The Tribunal issues a procedural order concerning production of documents.
September 11, 2009	The Claimant files a request for production of documents.
September 16, 2009	The Claimant files a reply on the merits.
September 18, 2009	The Respondent files observations on the Claimant's request for production of documents.
October 2, 2009	The Claimant files a response to the Respondent’s observations of September 18, 2009.
October 5, 2009	The Respondent files a response to the Claimant’s observations of October 2, 2009.
November 11, 2009	The Tribunal issues a procedural order concerning production of documents.
December 4, 2009	The Tribunal holds a procedural session with the parties by telephone conference.
December 10, 2009	The Tribunal issues a procedural order concerning procedural matters. The Respondent files a request for production of documents.
December 14, 2009	The Claimant files observations on the Respondent's request for production of documents.
December 16, 2009	The Tribunal issues a decision concerning production of documents.
December 22, 2009	The Respondent files a rejoinder on the merits.
February 9, 2010 - February 17, 2010	The Tribunal holds a hearing on the merits in Washington, D.C.
May 7, 2010	The parties file post-hearing briefs.
May 24, 2010	The Respondent files observations on the Claimant's post-hearing brief.
May 28, 2010	The Claimant files a response to the Respondent's observations of May 24, 2010.
May 31, 2010	The Tribunal issues a procedural order concerning new documentation.
July 21, 2010	The parties file statements of costs.
October 1, 2010	The Tribunal issues a procedural order posing questions to the parties.
October 29, 2010	The parties file answers to the questions posed by the Tribunal on October 1, 2010.
December 3, 2010	The parties file further answers to the questions posed by the Tribunal.
June 6, 2011	The Tribunal poses additional questions to the parties.
June 24, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
August 1, 2011	The parties file answers to the additional questions posed by the Tribunal.
September 6, 2011	Each party files observations on the other party’s answers of August 1, 2011.
November 30, 2012	The Tribunal issues a decision on jurisdiction, applicable law and liability.
April 10, 2013	The Tribunal holds a procedural meeting in New York.
April 23, 2013	The Tribunal issues a procedural order concerning procedural matters.
May 24, 2013	The Respondent files a submission on costs.
July 5, 2013	The Claimant files a submission on costs.
July 30, 2013	The Claimant files a memorial on liability.
November 7, 2013	The Tribunal issues a procedural order concerning the procedural calendar.
December 6, 2013	The Respondent files a counter-memorial on liability.
February 21, 2014	The Claimant files a reply on liability.
April 22, 2014	The Respondent files a rejoinder on liability.
May 15, 2014 - May 16, 2014	The Tribunal holds a hearing on liability in Washington, D.C.
May 23, 2014	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 27, 2014	The Claimant files observations on the Respondent’s request of May 23, 2014.
May 30, 2014	The Respondent files a response to the Claimant’s observations of May 27, 2014.
November 26, 2014	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 8, 2014	The Claimant files observations on the Respondent’s request of November 26, 2014.
December 10, 2014	The Tribunal decides on the admissibility of new evidence.
March 4, 2015	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 16, 2015	The Tribunal decides on the admissibility of new evidence.
August 28, 2015	Each party files a submission on costs.
September 7, 2015	The Respondent files observations on the Claimant’s submission on costs.
October 28, 2015	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 25, 2015	The Tribunal renders its award.