Case Details
Dan Cake (Portugal) S.A. v. Hungary (ICSID Case No. ARB/12/9)
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Food products enterprise
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Other Industry
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BIT Hungary - Portugal 1992
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ICSID Convention - Arbitration Rules
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Dan Cake (Portugal) S.A. (Portuguese)
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Hungary (Hungarian)
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April 19, 2012
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January 17, 2013
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Pierre MAYER (French) - Appointed by the Parties
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Toby LANDAU (British) - Appointed by the Respondent(s)
Jan PAULSSON (French, Swedish) - Appointed by the Claimant(s) -
Andrade de Matos & Associados, Lisbon, Portugal
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Ministry of National Development, Budapest, Hungary
Weil, Gotshal & Manges, Budapest, Hungary
Weil, Gotshal & Manges, New York, NY and Washington, D.C., U.S.A. -
English
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Concluded
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November 21, 2017 - The Tribunal renders its award.
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Respondent(s)
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March 26, 2018 (Respondent(s))
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June 4, 2018
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Cavinder BULL (Singaporean)
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Andrade de Matos & Associados, Lisbon, Portugal
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Horváth and Partners DLA Piper, Budapest, Hungary
Siegler Ügyvédi Iroda, Budapest, Hungary -
English
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Concluded
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July 16, 2021 - The ad hoc Committee issues its decision on annulment.
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Respondent(s)
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June 6, 2018 (Respondent(s))
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June 8, 2018
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Pierre MAYER (French) - Appointed by the Parties
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Stephan SCHILL (German) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s) -
Pierre MAYER (French) - Appointed by the Parties
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Jan PAULSSON (French, Swedish) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s) -
August 17, 2018: Stephan SCHILL (German) appointed following the resignation of Jan PAULSSON (Swedish ,French)
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Andrade de Matos & Associados, Lisbon, Portugal
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Horváth and Partners DLA Piper, Budapest, Hungary
DLA Piper, Paris, France -
English
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Concluded
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February 25, 2020 - The Tribunal issues a decision on revision; attached to the decision on revision is a separate opinion by arbitrator Pierre Mayer.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(c) Revision Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Jurisdiction and Liability
Available on the ICSID Website
Decision on Jurisdiction and Liability (August 24, 2015) English (Original)
(a) Original Proceeding
Date | Development |
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April 19, 2012 | The Secretary-General registers a request for the institution of arbitration proceedings. |
July 11, 2012 | Following appointment by the Claimant, Jan Paulsson (French/Swedish) accepts his appointment as arbitrator. |
September 26, 2012 | Following appointment by the Respondent, Toby Landau (British) accepts his appointment as arbitrator. |
January 17, 2013 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Pierre Mayer (French), President, appointed by agreement of the parties upon the co-arbitrators' proposal; Jan Paulsson (French/Swedish), appointed by the Claimant; and Toby Landau (British), appointed by the Respondent. |
January 17, 2013 | Following appointment by the parties upon the co-arbitrators' proposal, Pierre Mayer (France) accepts his appointment as presiding arbitrator. |
March 12, 2013 | The Tribunal holds a first session by telephone conference. |
May 2, 2013 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 1, 2013 | The Claimant files a memorial on the merits. |
November 25, 2013 | The Respondent files a counter-memorial on the merits. |
December 6, 2013 | The Tribunal holds a procedural consultation with the parties by telephone. |
December 16, 2013 | The Tribunal decides on procedural issues. |
March 24, 2014 | The Claimant files a reply on the merits. |
June 25, 2014 | The Respondent files a rejoinder on the merits. |
September 29, 2014 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 20, 2014 - October 22, 2014 | The Tribunal holds a hearing on jurisdiction and liability in Paris. |
November 5, 2014 | The Respondent files a post-hearing brief. |
November 7, 2014 | Each party files a submission on costs. |
November 12, 2014 | The Claimant files a reply post-hearing brief. |
August 24, 2015 | The Tribunal issues a decision on jurisdiction and liability. |
December 4, 2015 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
January 29, 2016 | The Claimant files a memorial on quantum. |
April 29, 2016 | The Respondent files a counter-memorial on quantum. |
June 10, 2016 | The Claimant files a reply on quantum. |
July 22, 2016 | The Respondent files a rejoinder on quantum. |
September 30, 2016 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 5, 2016 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
October 24, 2016 - October 27, 2016 | The Tribunal holds a hearing on quantum in Paris. |
November 16, 2016 | The Claimant files answers to questions posed by the Tribunal during the hearing on quantum. |
November 30, 2016 | The Respondent files answers to questions posed by the Tribunal during the hearing on quantum. |
January 11, 2017 | Each party files a submission on costs. |
January 25, 2017 | Each party files observations on the other party’s submission on costs. |
September 13, 2017 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 21, 2017 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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March 26, 2018 | The Secretary-General registers an application for annulment of the award filed by Hungary and notifies the parties of the provisional stay of enforcement of the award. |
June 4, 2018 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President; Antonio Crivellaro (Italian); and Mónica Pinto (Argentine); all members appointed by the Chairman of the Administrative Council. |
August 22, 2018 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rules 53 and 37(2). |
August 27, 2018 | The ad hoc Committee holds a first session by telephone conference. |
September 3, 2018 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
October 3, 2018 | Hungary files observations on the non-disputing party’s application. |
November 9, 2018 | Dan Cake (Portugal) S.A. files observations on the non-disputing party’s application. |
January 10, 2019 | The ad hoc Committee issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 12, 2020 | The ad hoc Committee issues Procedural Order No. 2 concerning the procedural calendar. |
July 17, 2020 | Hungary files a memorial on annulment. |
October 16, 2020 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
November 10, 2020 | Dan Cake (Portugal) S.A. files a counter-memorial on annulment. |
December 22, 2020 | Hungary files a reply on annulment. |
February 24, 2021 | The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference. |
February 25, 2021 | The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing. |
April 1, 2021 | The ad hoc Committee holds a hearing on annulment by video conference. |
May 31, 2021 | Hungary files a statement of costs. |
June 28, 2021 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
July 16, 2021 | The ad hoc Committee issues its decision on annulment. |
(c) Revision Proceeding
Date | Development |
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June 6, 2018 | The Secretary-General registers an application for revision of the award filed by Hungary. |
June 8, 2018 | The original Tribunal is reconstituted in accordance with ICSID Arbitration Rule 51(2). Its members are: Pierre Mayer (French), President; Jan Paulsson (French/Swedish); and Toby Landau (British). |
July 17, 2018 | The Tribunal holds a first session by telephone conference. |
August 2, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
August 8, 2018 | Following the resignation of arbitrator Jan Paulsson, the Acting Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2). |
August 17, 2018 | Following the resignation of Jan Paulsson (French/Swedish), Stephan Schill (German) appointed by the Claimant, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1). |
August 17, 2018 | The Tribunal is reconstituted. Its members are Pierre Mayer (French); Stephan Schill (German); and Toby Landau (British). The proceeding is resumed pursuant to ICSID Arbitration Rules 12. |
August 26, 2018 | Hungary files a request to continue the stay of enforcement of the award. |
September 26, 2018 | Dan Cake (Portugal) S.A. files a reply to Hungary’s application for a stay of enforcement of the award. |
November 6, 2018 | Hungary files a memorial on revision. |
December 25, 2018 | The Tribunal issues a decision concerning the continuation of the stay of enforcement of the award. |
January 8, 2019 | Dan Cake (Portugal) S.A. files a counter-memorial on revision. |
February 12, 2019 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
February 15, 2019 | The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing. |
February 25, 2019 | The Tribunal holds a hearing in Paris. |
April 12, 2019 | Hungary files a statement of costs. |
February 13, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
February 25, 2020 | The Tribunal issues a decision on revision; attached to the decision on revision is a separate opinion by arbitrator Pierre Mayer. |