Case Details

UAB E energija (Lithuania) v. Republic of Latvia (ICSID Case No. ARB/12/33)

Subject of Dispute:

Heating services enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Latvia - Lithuania 1996
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

UAB E energija (Lithuania) (Lithuanian)
Respondent(s):

Republic of Latvia (Latvian)
Date Registered:

October 15, 2012
Date of Constitution of Tribunal:

June 12, 2013

Composition of Tribunal

President:

Paolo Michele PATOCCHI (Swiss) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Samuel WORDSWORTH (British) - Appointed by the Claimant(s)
August REINISCH (Austrian) - Appointed by the Chairman of the Administrative Council

Party Representatives

Claimant(s):

Vinson & Elkins, London, U.K.
ZAB Sorainen, Riga, Republic of Latvia
Respondent(s):

Legal Department, State Chancellery, Riga, Republic of Latvia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 22, 2017 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator August Reinisch.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

February 7, 2018 (Respondent(s))

Party Representatives

Claimant(s):

Vinson & Elkins, London, U.K.
ZAB Sorainen, Riga, Republic of Latvia
Respondent(s):

Legal Department, State Chancellery, Riga, Republic of Latvia
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 3, 2018 - The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

September 4, 2018 (Respondent(s))
Date of Constitution of ad hoc Committee:

October 5, 2018

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

President:

Loretta MALINTOPPI (Italian)
Members:

Geneviève BASTID BURDEAU (French)
Andrés RIGO SUREDA (Spanish)

Initial Composition of Tribunal

President:

Loretta MALINTOPPI (Italian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Geneviève BASTID BURDEAU (French) - Appointed by the Chairman of the Administrative Council
Makhdoom Ali KHAN (Pakistani) - Appointed by the Chairman of the Administrative Council
Reconstituted:

October 24, 2019: Andrés RIGO SUREDA (Spanish) appointed following the resignation of Makhdoom Ali KHAN (Pakistani)

Party Representatives

Claimant(s):

Vinson & Elkins, London, U.K. and Houston, TX, U.S.A.
Sorainen, Riga, Republic of Latvia
Respondent(s):

Legal Department, State Chancellery, Riga, Republic of Latvia
Freshfields Bruckhaus Deringer, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 8, 2020 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

Dissenting Opinion on Cost by Arbitrator August Reinisch (English;)

(a) Original Proceeding

Date	Development
October 15, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
March 8, 2013	Following appointment by the Claimant, Samuel Wordsworth (British) accepts his appointment as arbitrator.
March 22, 2013	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator(s) not yet appointed pursuant to Article 38 of the ICSID Convention.
April 22, 2013	Following appointment by the Chairman of the Administrative Council, August Reinisch (Austrian) accepts his appointment as arbitrator.
June 12, 2013	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Paolo Michele Patocchi (Swiss), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Samuel Wordsworth (British), appointed by the Claimant; and August Reinisch (Austrian), appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention.
September 11, 2013	The Tribunal holds a first session in London.
October 10, 2013	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 26, 2013	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
December 6, 2013	The Claimant files a memorial on jurisdiction and merits.
April 18, 2014	The Respondent files a request to address the objections to jurisdiction as a preliminary question and a counter-memorial on the merits.
May 12, 2014	The Respondent files written clarifications further to its April 18, 2014 submission.
May 19, 2014	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
May 30, 2014	The Tribunal issues Procedural Order No. 3 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question.
August 18, 2014	The Tribunal issues Procedural Order No. 4 concerning production of documents.
October 1, 2014	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
October 10, 2014	The Claimant files a reply on the merits and counter-memorial on preliminary objections.
December 12, 2014	The Respondent files a rejoinder on the merits and a reply on preliminary objections.
January 2, 2015	The Claimant files a rejoinder on preliminary objections.
January 19, 2015	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
January 21, 2015	The Tribunal issues Procedural Order No. 3 bis concerning the Respondent's request to address the objections to jurisdiction as a preliminary question.
February 16, 2015	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
February 23, 2015 - February 27, 2015	The Tribunal holds a hearing on jurisdiction and merits in London.
February 26, 2015	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
March 9, 2015	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
March 20, 2015	Each party files a post-hearing brief.
May 13, 2015	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
June 1, 2015	Each party files a reply post-hearing brief.
October 11, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 22, 2017	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator August Reinisch.

(b) Rectification Proceeding

Date	Development
February 7, 2018	The Secretary-General registers a request for rectification of the award filed by the Republic of Latvia.
February 21, 2018	UAB E energija (Lithuania) files observations on the Republic of Latvia’s request of February 7, 2018.
February 28, 2018	The Republic of Latvia files a response to UAB E energija (Lithuania)’s observations of February 21, 2018.
March 8, 2018	UAB E energija (Lithuania) files further observations on the Republic of Latvia’s request of February 7, 2018.
May 3, 2018	The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Date	Development
September 4, 2018	The Secretary-General registers an application for annulment of the award filed by the Republic of Latvia and notifies the parties of the provisional stay of enforcement of the award.
October 5, 2018	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Loretta Malintoppi (Italian), President; Geneviève Bastid Burdeau (French), and Makhdoom Ali Khan (Pakistani); all members appointed by the Chairman of the Administrative Council.
November 20, 2018	The ad hoc Committee holds a first session by telephone conference.
November 21, 2018	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
November 23, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
December 5, 2018	The Republic of Latvia files observations on the non-disputing party’s application.
December 12, 2018	UAB E energija (Lithuania) files observations on the non-disputing party’s application.
December 19, 2018	The Republic of Latvia files a response to UAB E energija (Lithuania)'s observations of December 12, 2018.
January 4, 2019	The ad hoc Committee issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 15, 2019	The Republic of Latvia files a memorial on annulment.
June 7, 2019	UAB E energija (Lithuania) files a counter-memorial on annulment.
August 16, 2019	The Republic of Latvia files a reply on annulment.
October 9, 2019	Following the resignation of ad hoc Committee member Makhdoom Ali Khan, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
October 24, 2019	The ad hoc Committee is reconstituted. Its members are: Loretta Malintoppi (Italian), President; Geneviève Bastid Burdeau (French), and Andrés Rigo Sureda (Spanish); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 12 and 53.
October 25, 2019	UAB E energija (Lithuania) files a rejoinder on annulment.
November 25, 2019	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
December 10, 2019	Each party files observations on the non-disputing party’s application.
December 13, 2019	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
December 16, 2019	The ad hoc Committee issues Procedural Order No. 3 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
January 9, 2020	The Republic of Latvia files a request for the ad hoc Committee to decide on the admissibility of new evidence.
January 10, 2020	UAB E energija (Lithuania) files observations on the Republic of Latvia’s request of January 9, 2020.
January 13, 2020 - January 14, 2020	The ad hoc Committee holds a hearing on annulment in Paris.
January 31, 2020	Each party files a statement of costs.
March 19, 2020	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 8, 2020	The ad hoc Committee issues its decision on annulment.