Case Details

Georg Gavrilovic and Gavrilovic d.o.o. v. Republic of Croatia (ICSID Case No. ARB/12/39)

Proceeding Materials Procedural Details

  • Food products enterprise
  • Agriculture, Fishing & Forestry
  • BIT Croatia - Austria 1997
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Gavrilovic d.o.o. (Croatian), Georg Gavrilovic (Austrian)
    • Republic of Croatia (Croatian)
    • December 21, 2012
    • June 26, 2013

      Party Representatives

    • Baker & McKenzie, New York, NY, U.S.A. and Vienna, Austria
      Buterin & Posavec, Zagreb, Croatia
    • Minister of Economy, Zagreb, Croatia
      Office of the State Attorney, Zagreb, Croatia
      Shearman & Sterling, Frankfurt, Germany and Paris, France
    • English
    • Concluded
    • July 26, 2018 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Decision on Bifurcation

Procedural Order No. 2

Decision on the Claimants' Urgent Application for Provisional Measures

Decision on Provisional Measures

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Decision on the Respondent's Request of 4 April 2018

Award

Available on the ICSID Website

Procedural Order No. 1 (August 21, 2013) English (Original)

Decision on Bifurcation (January 21, 2015) English (Original)

Procedural Order No. 2 (February 12, 2015) English (Original)

Decision on the Claimants' Urgent Application for Provisional Measures (March 19, 2015) English (Original)

Decision on Provisional Measures (April 30, 2015) English (Original)

Procedural Order No. 3 (May 6, 2015) English (Original)

Procedural Order No. 4 (June 23, 2015) English (Original)

Procedural Order No. 5 (April 20, 2016) English (Original)

Procedural Order No. 6 (September 13, 2016) English (Original)

Decision on the Respondent's Request of 4 April 2018 (April 30, 2018) English (Original)

Award (July 25, 2018) English (Original)

(a) Original Proceeding

Date Development
December 21, 2012 The Secretary-General registers a request for the institution of arbitration proceedings.
February 11, 2013 Following appointment by the Claimants, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
February 14, 2013 Following appointment by the Respondent, Matthias Scherer (Swiss) accepts his appointment as arbitrator.
May 30, 2013 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.
June 24, 2013 Following appointment by the parties, Michael C. Pryles (Australian) accepts his appointment as presiding arbitrator.
June 26, 2013 The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Michael C. Pryles (Australian), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimants; and Matthias Scherer (Swiss), appointed by the Respondent.
August 8, 2013 The Tribunal holds a first session by telephone conference.
August 21, 2013 The Tribunal issues Procedural Order No. 1.
February 25, 2014 The Claimants file a memorial on the merits.
November 3, 2014 The Respondent files a counter-memorial on the merits with objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
December 1, 2014 The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
December 12, 2014 The Respondent files a reply on the request to address the objections to jurisdiction as a preliminary question.
December 15, 2014 The Claimants file a request for provisional measures.
December 22, 2014 The Claimants file observations on the Respondent’s reply on the request to address the objections to jurisdiction as a preliminary question.
January 21, 2015 The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
January 28, 2015 The Respondent files observations to the Claimants’ request for provisional measures.
February 12, 2015 The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
February 27, 2015 The Claimants file a response to the Respondent’s observations of January 28, 2015.
March 13, 2015 The Claimants file a further request for provisional measures.
March 17, 2015 The Respondent files observations on the Claimants’ further request for provisional measures of March 13, 2015.
March 18, 2015 The Tribunal issues directions concerning the Claimants’ further request for provisional measures.
March 31, 2015 The Respondent files observations on the Claimants’ response of February 27, 2015.
April 30, 2015 The Tribunal issues a decision on provisional measures.
May 6, 2015 The Tribunal issues Procedural Order No. 3 concerning production of documents.
June 23, 2015 The Tribunal issues Procedural Order No. 4 concerning production of documents.
July 25, 2015 The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
August 25, 2015 Following the resignation of arbitrator Matthias Scherer, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).

The Tribunal consents to the resignation of arbitrator Matthias Scherer pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
September 22, 2015 Following the resignation of arbitrator Matthias Scherer, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).

The Tribunal is reconstituted. Its members are: Michael C. Pryles (Australian), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimants; and J. Christopher Thomas (Canadian), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
December 4, 2015 The Respondent files a rejoinder on the merits and a reply on jurisdiction.
February 12, 2016 The Claimants file a rejoinder on jurisdiction.
March 7, 2016 - March 16, 2016 The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
April 20, 2016 The Tribunal issues Procedural Order No. 5 concerning procedural matters.
July 22, 2016 Each party files a post-hearing brief.
September 2, 2016 Each party files a reply post-hearing brief.
September 13, 2016 The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
September 21, 2016 - September 22, 2016 The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
October 21, 2016 Each party files a submission on costs.
November 4, 2016 Each party files a reply submission on costs.
June 21, 2017 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 30, 2017 The Claimants file observations on the Respondent’s request of June 21, 2017.
July 11, 2017 The Respondent files a response to the Claimants’ observations of June 30, 2017.
July 13, 2017 The Tribunal decides on the admissibility of new evidence.
July 23, 2017 The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
July 28, 2017 The Respondent files observations on the Claimants’ request of July 23, 2017.
July 31, 2017 The Tribunal decides on the admissibility of new evidence.
October 3, 2017 The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
October 13, 2017 The Respondent files observations on the Claimants’ request of October 3, 2017.

The Tribunal decides on the admissibility of new evidence.
April 30, 2018

The Tribunal issues a decision on procedural matters.

May 4, 2018

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 26, 2018

The Tribunal renders its award.