Case Details

Novera AD, Novera Properties B.V. and Novera Properties N.V. v. Republic of Bulgaria (ICSID Case No. ARB/12/16)

Subject of Dispute:

Waste management services
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT Netherlands - Bulgaria 1999
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Novera AD (Bulgarian), Novera Properties B.V. (Dutch), Novera Properties N.V. (Dutch)
Respondent(s):

Republic of Bulgaria (Bulgarian)
Date Registered:

July 3, 2012
Date of Constitution of Tribunal:

December 13, 2012

Composition of Tribunal

President:

John M. TOWNSEND (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

David D. CARON (U.S.) - Appointed by the Respondent(s)
Stephen M. SCHWEBEL (U.S.) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

King & Spalding, New York, NY, U.S.A.
Respondent(s):

Minister of Finances, Sofia, Bulgaria
Tomov & Tomov, Sofia, Bulgaria
White & Case, New York, NY, and Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 27, 2015 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
July 3, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
July 3, 2012	The Secretary-General fixes time limits for the parties to present observations on the Claimant’s request for provisional measures filed with the request for the institution of arbitration proceedings pursuant to ICSID Arbitration Rule 39(5).
August 16, 2012	The Claimants withdraw their request for provisional measures filed with the request for the institution of arbitration proceedings.
August 28, 2012	Following appointment by the Claimants, Stephen Schwebel (U.S.) accepts his appointment as arbitrator.
September 26, 2012	Following appointment by the Respondent, David Caron (U.S.) accepts his appointment as arbitrator.
November 12, 2012	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
December 12, 2012	Following appointment by the Chairman of the Administrative Council, John Townsend (U.S.) accepts his appointment as presiding arbitrator.
December 13, 2012	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: John Townsend (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Stephen Schwebel (U.S.), appointed by the Claimants; and David Caron (U.S.), appointed by the Respondent.
February 25, 2013	The Tribunal holds a first session in Washington, D.C.
March 12, 2013	The Tribunal issues a procedural order concerning procedural matters.
July 10, 2013	The Claimants file a memorial on the merits.
October 15, 2013	The Respondent files a request for the Tribunal to decide on production of documents.
October 30, 2013	The Tribunal issues a procedural order concerning production of documents.
November 22, 2013	The Respondent files a counter-memorial on the merits.
February 4, 2014	The Claimants file a request for the Tribunal to decide on production of documents.
February 5, 2014	The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents.
February 7, 2014	The Claimants file a response to the Respondent’s observations of February 5, 2014.
February 9, 2014	The Tribunal issues a procedural order concerning production of documents.
March 21, 2014	The Tribunal issues a procedural order concerning production of documents and a procedural order concerning the confidentiality of documents.
April 18, 2014	The Claimants file a reply on the merits.
August 15, 2014	The Respondent files a rejoinder on the merits.
September 10, 2014	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
September 16, 2014	The Tribunal issues a procedural order concerning the organization of the hearing.
October 7, 2014	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
October 10, 2014	The Claimants file observations on the Respondent’s request of October 7, 2014.
October 13, 2014	The Respondent files a response to the Claimants’ observations of October 10, 2014.
October 14, 2014	The Tribunal issues a procedural order concerning the organization of the hearing and the admissibility of new evidence..
October 20, 2014 - October 24, 2014	The Tribunal holds a hearing on the merits in Washington, D.C.
December 5, 2014	Each party files a statement of costs.
March 4, 2015	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 24, 2015	The Tribunal extends the period to draw up and sign its award.
August 27, 2015	The Tribunal renders its award.