Case Details

Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/08/7)

Subject of Dispute:

Gas distribution enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Georgia - Netherlands 1998, BIT United States of America - Georgia 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Itera Group NV (Dutch), Itera International Energy LLC (U.S.)
Respondent(s):

Georgia (Georgian)
Date Registered:

June 5, 2008
Date of Constitution of Tribunal:

December 11, 2008

Composition of Tribunal

President:

Hans DANELIUS (Swedish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer London, U.K. and Paris, France
Respondent(s):

White & Case, New York, NY, U.S.A., Paris, France and Moscow, Russia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 19, 2010 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Decision on the Admissibility of Ancillary Claims

Dissenting Opinion (Attached to the Decision)

Available on the ICSID Website

Decision on the Admissibility of Ancillary Claims (December 4, 2009) English (Original)

Dissenting Opinion (Attached to the Decision) (December 4, 2009) English (Original)

(a) Original Proceeding

Date	Development
June 5, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 11, 2008	The Tribunal is constituted. Its members are: Hans Danelius (Swedish), President; Francisco Orrego Vicuña (Chilean); and Brigitte Stern (French).
January 26, 2009	The Tribunal holds a first session by telephone conference.
April 15, 2009	The Claimants file a memorial on the merits and jurisdiction.
May 4, 2009	The Respondent files a request to deal with some objections to jurisdiction as a preliminary question.
May 15, 2009	The Claimants file observations on the Respondent’s request of May 4, 2009.
June 22, 2009	The Tribunal invites the parties to file further submissions on the Respondent's request of May 4, 2009 and decides on the procedural calendar for the written procedure.
June 26, 2009	The Claimants file a request for production of documents.
July 1, 2009	The Respondent files observations on the Claimants' request for production of documents.
July 6, 2009	The Tribunal decides on the request for production of documents.
September 15, 2009	The Respondent files a request for production of documents.
September 24, 2009	The Claimants file observations on the Respondent’s request for production of documents.
September 30, 2009	The Respondent files a response to the Claimants’ observations on the request for production of documents.
October 6, 2009	The Claimants file further observations on the Respondent’s request for production of documents.
October 15, 2009	The Tribunal holds a hearing on an ancillary claim in Washington, D.C.
October 21, 2009	The Tribunal issues a decision on production of documents.
December 4, 2009	The Tribunal issues a decision on the admissibility of ancillary claims.
December 18, 2009	The Claimants file a request for production of documents.
January 14, 2010	The Respondent files observations on the Claimants' request for production of documents.
January 29, 2010	The Respondent files a counter-memorial on the merits and jurisdiction.
March 11, 2010	The proceeding is suspended, pursuant to the parties’ agreement.
October 25, 2010	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
November 19, 2010	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).