Case Details

EVN AG v. Republic of Bulgaria (ICSID Case No. ARB/13/17)

Subject of Dispute:

Electricity supply and distribution operations
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Austria - Bulgaria 1997 - ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

EVN AG (Austrian)
Respondent(s):

Republic of Bulgaria (Bulgarian)
Date Registered:

July 19, 2013
Date of Constitution of Tribunal:

December 2, 2013

Composition of Tribunal

President:

V.V. VEEDER (British) - Appointed by the Parties
Arbitrators:

Daniel M. PRICE (U.S.) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Vienna, Austria and Frankfurt, Germany
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 10, 2019 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Daniel M. Price.

No References Available.

(a) Original Proceeding

Date	Development
July 19, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
September 20, 2013	Following appointment by the Claimant, Daniel M. Price, (U.S.) accepts his appointment as arbitrator.
October 9, 2013	Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator.
November 28, 2013	Following appointment by the parties, V.V. Veeder (British) accepts his appointment as presiding arbitrator.
December 2, 2013	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: V.V. Veeder (British), President, appointed by agreement of the parties; Daniel M. Price (U.S.), appointed by the Claimant; and Pierre-Marie Dupuy (French), appointed by the Respondent.
January 31, 2014	The Tribunal holds a first session by telephone conference.
February 14, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 28, 2014	The Claimant files a request for provisional measures.
April 3, 2014	The Respondent files observations on the Claimant's request for provisional measures.
April 8, 2014	The Claimant files a response to the Respondent's observations of April 3, 2014.
April 14, 2014	The Respondent files a response to the Claimant's observations of April 8, 2014.
April 25, 2014	The Tribunal decides on provisional measures.
May 5, 2014	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
June 2, 2014	The Claimant files a memorial on the merits.
September 24, 2014	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 17, 2014	The Respondent files a counter-memorial on the merits.
April 7, 2015	The Tribunal issues Procedural Order No. 4 concerning production of documents.
June 19, 2015	The Claimant files a reply on the merits.
October 23, 2015	The Tribunal issues Procedural Order No. 5 concerning the admissibility of new evidence.
November 25, 2015	The Respondent files a rejoinder on the merits.
January 7, 2016	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
January 27, 2016	The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
February 11, 2016	The Tribunal holds a procedural meeting with the parties by telephone conference.
February 22, 2016	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
April 29, 2016	The Claimant files a surrejoinder on the merits.
June 29, 2016	The Respondent files a request for leave to file additional witness statements with its rebutter on the merits.
July 8, 2016	The Claimant files observations on the Respondent’s request of June 29, 2016.
July 13, 2016	The Respondent files a response to the Claimant’s observations of July 8, 2016.
July 19, 2016	The Tribunal issues Procedural Order No. 8 granting the Respondent’s request to file additional witness statements with its rebutter on the merits.
July 29, 2016	The Respondent files a rebutter on the merits.
September 30, 2016	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
October 13, 2016	The Respondent files proposed corrections to its Rebutter of July 29, 2016.
October 20, 2016	The Claimant files observations on the Respondent’s proposed corrections of October 13, 2016.
October 28, 2016	The Tribunal issues Procedural Order No. 10 concerning the Respondent’s proposed corrections to its Rebutter of July 29, 2016.
November 1, 2016 - November 7, 2016	The Tribunal holds a hearing on the merits in Washington, D.C.
January 11, 2017	Each party files a statement of costs.
May 3, 2017	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
June 9, 2017	The Tribunal issues Procedural Order No. 12 on the correction of the hearing transcript.
April 6, 2018	The Respondent files a request for leave to file an objection to jurisdiction.
April 20, 2018	The Claimant files observations on the Respondent’s request of April 6, 2018.
April 24, 2018	The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request for leave to file an objection to jurisdiction.
May 15, 2018	Each party files observations on the objection to jurisdiction.
May 23, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence in relation to the Respondent’s request of April 6, 2018.
May 25, 2018	The Respondent files observations on the Claimant’s request of May 23, 2018.
May 27, 2018	The Tribunal issues Procedural Order No. 14 concerning the admissibility of new evidence.
June 3, 2018	The Claimant files observations on new evidence and a response to the Respondent’s observations of May 15, 2018.
June 10, 2018	The Respondent files observations on new evidence and a response to the Claimant’s observations of May 15, 2018.
July 4, 2018	The Tribunal issues Procedural Order No. 15 concerning the admissibility of new evidence.
December 21, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
January 7, 2019	The Tribunal issues Procedural Order No. 16 concerning the non-disputing party’s application.
January 18, 2019	Each party files observations on the non-disputing party’s application.
January 22, 2019	The Tribunal issues Procedural Order No. 17 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 7, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 13, 2019	The Claimant files observations on the Respondent’s request of February 7, 2019.
February 15, 2019	The Tribunal issues Procedural Order No. 18 concerning the admissibility of new evidence and declaring the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 10, 2019	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Daniel M. Price.