Case Details

Inmaris Perestroika Sailing Maritime Services GmbH and others v. Ukraine (ICSID Case No. ARB/08/8)

Subject of Dispute:

Maritime operations
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Ukraine - Germany 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Inmaris Perestroika Sailing Maritime Services GmbH (German), Inmaris Windjammer Chartering GmbH i.L. (German), Inmaris Windjammer Sailing GmbH i.L. (German), Windjammer Beteiligungsgesellschaft mbH & Co. KG (German)
Respondent(s):

Ukraine (Ukrainian)
Date Registered:

June 16, 2008
Date of Constitution of Tribunal:

September 19, 2008

Composition of Tribunal

President:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Parties
Arbitrators:

Bernardo M. CREMADES (Spanish) - Appointed by the Respondent(s)
Noah RUBINS (U.S.) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Luther Rechtsanwaltsgesellschaft mbH, Hamburg, Germany
Respondent(s):

Grischenko & Partners, Kyiv, Ukraine
Ministry of Justice of Ukraine, Kyiv, Ukraine
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 1, 2012 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Excerpts of Award

Available on the ICSID Website

Decision on Jurisdiction (March 8, 2010) English (Original)

Excerpts of Award (March 1, 2010) English (Original)

(a) Original Proceeding

Date	Development
June 16, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
September 19, 2008	The Tribunal is constituted. Its members are: Stanimir A. Alexandrov (Bulgarian), President; Bernardo M. Cremades (Spanish); and Noah Rubins (U.S.).
December 3, 2008	The Respondent files objections to jurisdiction.
December 8, 2008	The Claimants file observations on the Respondent's objections to jurisdiction.
December 9, 2008	The Tribunal holds a first session by telephone conference.
December 23, 2008	The Respondent files a request for production of documents.
January 23, 2009	The Respondent files a memorial on jurisdiction.
March 23, 2009	The Claimants file a counter-memorial on jurisdiction.
May 18, 2009	The Respondent files a reply on jurisdiction.
July 10, 2009	The President of the Tribunal holds a pre-hearing conference with the parties by telephone.
July 20, 2009 - July 21, 2009	The Tribunal holds a hearing on jurisdiction at The Hague.
September 1, 2009	The parties file post-hearing briefs.
April 30, 2010	The Tribunal issues a decision on jurisdiction.
September 8, 2010	The Claimants file a memorial on the merits.
October 26, 2010	The Respondent files a further request for production of documents.
October 27, 2010	The Claimants file observations on the Respondent's request for production of documents.
November 1, 2010	The Respondent files a response to the Claimants' observations on the Respondent's request for production of documents.
November 4, 2010	The Claimants file further observations on the Respondent's request for production of documents.
November 5, 2010	The Respondent files a further request for production of documents. The Claimants file observations on the Respondent's further request for production of documents.
November 29, 2010	The Tribunal issues a procedural order concerning production of documents.
December 3, 2010	The Respondent files a renewed request for production of documents.
December 6, 2010	The Claimant files observations on the Respondent’s renewed request for production of documents.
December 7, 2010	The Respondent files a response to the Claimant’s observations of December 6, 2010.
December 13, 2010	The Claimant files observations to Respondent's response of December 7, 2010.
December 15, 2010	The Respondent files a counter-memorial on the merits. The Tribunal issues a procedural order concerning production of documents.
February 10, 2011	The Claimant files a reply on the merits.
April 7, 2011	The Respondent files a rejoinder on the merits.
May 16, 2011 - May 20, 2011	The Tribunal holds a hearing on the merits at The Hague.
June 30, 2011	The parties file post-hearing briefs.
August 31, 2011	The parties file submissions on costs.
January 24, 2012	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 27, 2012	The proceeding is suspended until January 31, 2012, pursuant to the parties’ agreement.
February 1, 2012	The proceeding is resumed pursuant to the parties’ agreement.
February 7, 2012	The proceeding is suspended until February 21, 2012, pursuant to the parties' agreement.
February 22, 2012	The proceeding is resumed pursuant to the parties’ agreement.
March 1, 2012	The Tribunal renders its award.