Case Details

AES Summit Generation Limited and AES-Tisza Erömü Kft. v. Hungary (ICSID Case No. ARB/07/22)

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):

AES Summit Generation Limited (British), AES-Tisza Erömü Kft. (Hungarian)
Respondent(s):

Hungary (Hungarian)
Date Registered:

August 13, 2007
Date of Constitution of Tribunal:

November 21, 2007

Composition of Tribunal

President:

Claus VON WOBESER (Mexican) - Appointed by Co-Arbitrators
Arbitrators:

J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, London, UK
Respondent(s):

Arnold & Porter, Washington, DC, USA and London, UK
Law Office of Janos Katona, Budapest, Hungary
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 23, 2010 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

January 28, 2011 (Claimant(s))
Date of Constitution of ad hoc Committee:

March 21, 2011

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

President:

Bernard HANOTIAU (Belgian)
Members:

Rolf KNIEPER (German)
Abdulqawi Ahmed YUSUF (Somali)

Party Representatives

Claimant(s):

Allen & Overy, London, U.K.
Respondent(s):

Arnold & Porter, Washington, D.C., U.S.A. and London, U.K.
Law Office of Janos Katona, Budapest, Hungary
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 29, 2012 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (September 23, 2010) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (June 29, 2012) English (Original)

(a) Original Proceeding

Date	Development
August 13, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
November 21, 2007	The Tribunal is constituted. Its members are: Claus von Wobeser (Mexican), President; J. William Rowley (Canadian/British); and Brigitte Stern (French).
January 9, 2008	The Tribunal holds a first session in London.
March 7, 2008	The Claimants file a memorial on the merits.
April 17, 2008	The Respondent files a request for production of documents.
April 18, 2008	The Claimants file observations on the request for production of documents.
April 21, 2008	The Respondent files a response to the Claimants' observations on the request for production of documents.
May 6, 2008	The Tribunal issues a procedural order concerning the production of documents.
May 19, 2008	The Respondent files a further request for production of documents.
May 21, 2008	The Claimants file observations on the further request for production of documents.
May 22, 2008	The Respondent files a response to the Claimants’ observations on the request for production of documents.
June 9, 2008	The Tribunal issues a further procedural order concerning the further request for production of documents.
July 11, 2008	The Respondent files a counter-memorial on the merits.
September 3, 2008	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
October 6, 2008	The Claimants file a request for production of documents.
October 14, 2008	The Respondent files observations on the Claimants' request for production of documents.
October 22, 2008	The parties file observations on the non-disputing party's application.
October 31, 2008	The Claimants file a reply on the merits.
November 26, 2008	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).
December 22, 2008	The Tribunal issues a procedural order concerning production of documents.
January 5, 2009	The Tribunal issues a further procedural order concerning production of documents.
January 7, 2009	The Claimants file a request for production of documents.
January 8, 2009	The Respondent files observations on the Claimants' request for production of documents.
January 12, 2009	The Claimants file a response to the Respondent’s observations of January 8, 2009.
January 13, 2009	The Respondent files a reply on production of documents. The Tribunal issues a procedural order concerning production of documents.
January 15, 2009	A non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
January 26, 2009	The Claimants file a request for production of documents.
January 27, 2009	The Respondent files observations on the Claimants' request for production of documents.
January 28, 2009	The Claimants file a response to the Respondent's observations on the request for production of documents.
January 29, 2009	The Respondent files a reply on production of documents.
February 4, 2009	The Tribunal issues a procedural order concerning production of documents.
February 13, 2009	The parties file observations on the written submission by a non-disputing party. The Respondent files a rejoinder on the merits.
March 9, 2009 - March 13, 2009	The Tribunal holds a hearing on the merits in Washington, D.C.
April 3, 2009	The Secretary of the Tribunal issues a decision on the parties' request regarding the redaction of certain documents.
April 9, 2009	The parties file submissions on the suspense file produced at the hearing.
April 16, 2009	The parties file reply submissions on the suspense file.
April 20, 2009	The Respondent files a request for the admissibility of evidence.
April 22, 2009	The Claimants file observations on the Respondent's request to admit evidence. The Respondent files a response to the Claimants’ observations.
April 23, 2009	The Claimants file a reply to the Respondent’s response of April 22, 2009.
May 13, 2009	The Tribunal issues a procedural order concerning the admissibility of evidence.
May 29, 2009	The parties file post-hearing briefs.
December 24, 2009	The Claimants file a request for the admissibility of new evidence.
December 29, 2009	The Respondent files observations on the Claimants' request of December 24, 2009.
January 7, 2010	The Claimants file a response to the Respondent's observations of December 29, 2009.
January 25, 2010	The Respondent files a reply to the Claimants' response of January 7, 2010.
February 4, 2010	The Tribunal issues a procedural order concerning admissibility of evidence.
June 4, 2010	The Tribunal declares the proceeding closed.
June 25, 2010	The parties file statements of costs.
September 23, 2010	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
January 28, 2011	The Secretary-General registers an application for the institution of annulment proceedings.
March 21, 2011	The ad hoc Committee is constituted. Its members are: Bernard Hanotiau (Belgian), President; Rolf Knieper (German); and Abdulqawi Ahmed Yusuf (Somali).
May 11, 2011	The ad hoc Committee holds a first session in Paris.
August 10, 2011	The Republic of Hungary files a counter-memorial on annulment.
October 19, 2011	AES Summit Generation Limited and AES-Tisza Erömü Kft. file a reply on annulment.
December 30, 2011	The Republic of Hungary files a rejoinder on annulment.
February 13, 2012 - February 14, 2012	The ad hoc Committee holds a hearing on annulment in Paris.
March 16, 2012	Each party files a statement of costs.
June 14, 2012	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
June 29, 2012	The ad hoc Committee issues its decision on annulment.