Case Details

UP and C.D Holding Internationale v. Hungary (ICSID Case No. ARB/13/35)

Subject of Dispute:

Social voucher services
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT France - Hungary 1986
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

UP (French), C.D Holding Internationale (French)
Respondent(s):

Hungary (Hungarian)
Date Registered:

December 23, 2013
Date of Constitution of Tribunal:

June 30, 2014

Composition of Tribunal

President:

Karl-Heinz BÖCKSTIEGEL (German) - Appointed by the Parties
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Daniel BETHLEHEM (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan, Paris, France
Respondent(s):

Ministry of National Development, Budapest, Hungary
Sarhegyi & Partners Law Firm, Budapest, Hungary
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 9, 2018 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

February 13, 2019 (Respondent(s))
Date of Constitution of ad hoc Committee:

April 16, 2019

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

President:

Ricardo RAMÍREZ HERNÁNDEZ (Mexican)
Members:

Bertha COOPER-ROUSSEAU (Bahamian)
Carita WALLGREN-LINDHOLM (Finnish)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan, Paris, France
Respondent(s):

DLA Piper Posztl, Nemescsói, Györfi-Tóth & Partners Law Firm, Budapest, Hungary
DLA Piper, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 11, 2021 -
The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Preliminary Issues of Jurisdiction (English;)

Award (English;)

(a) Original Proceeding

Date	Development
December 23, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
March 6, 2014	Following appointment by the Claimants, L. Yves Fortier (Canadian) accepts his appointment as arbitrator.
April 1, 2014	Following appointment by the Respondent, Daniel Bethlehem (British) accepts his appointment as arbitrator.
June 30, 2014	Following appointment by the parties, Karl-Heinz Böckstiegel (German) accepts his appointment as presiding arbitrator.
June 30, 2014	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Karl-Heinz Böckstiegel (German), President, appointed by agreement of the parties; L. Yves Fortier (Canadian), appointed by the Claimants; and Daniel Bethlehem (British), appointed by the Respondent.
September 12, 2014	The Tribunal holds a first session in Washington, D.C.
October 8, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 19, 2015	The Claimants file a memorial on the merits.
July 17, 2015	The Respondent files a counter-memorial on the merits, objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
October 23, 2015	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
November 12, 2015	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
December 7, 2015	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 9, 2015	The Claimants file observations on the Respondent’s request of December 7, 2015.
December 13, 2015	The Tribunal decides on the admissibility of new evidence.
January 13, 2016 - January 14, 2016	The Tribunal holds a hearing on jurisdiction in London.
January 19, 2016	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
January 22, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
February 5, 2016	Each party files a post-hearing brief.
March 3, 2016	The Tribunal issues a decision on jurisdiction.
April 11, 2016	The Claimants file a reply on the merits.
July 21, 2016	The Respondent files a rejoinder on the merits.
September 29, 2016	The Tribunal issues Procedural Order No. 5 concerning production of documents.
October 16, 2016	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
December 12, 2016	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
February 15, 2017	The Tribunal issues Procedural Order No. 8 concerning the confidentiality of documents. The Tribunal issues Procedural Order No. 9 concerning production of documents.
May 22, 2017 - May 25, 2017	The Tribunal holds a hearing on the merits in London.
May 26, 2017	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
July 7, 2017	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
September 22, 2017	Each party files a post-hearing brief.
January 12, 2018	Each party files a submission on costs.
January 26, 2018	The Claimants file observations on the Respondent’s submission on costs.
August 20, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 24, 2018	Each party files observations on the non-disputing party’s application.
August 27, 2018	The Tribunal issues Procedural Order No. 12 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 27, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 9, 2018	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
February 13, 2019	The Acting Secretary-General registers an application for annulment of the award filed by Hungary.
April 16, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Ricardo Ramírez Hernández (Mexico), President; Bertha Cooper-Rousseau (Bahamian); and Carita Wallgren-Lindholm (Finnish); all members appointed by the Chairman of the Administrative Council.
June 14, 2019	The ad hoc Committee holds a first session by telephone conference.
June 20, 2019	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 8, 2019	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
July 15, 2019	Hungary files a request to stay the enforcement of the award.
July 22, 2019	UP and C.D Holding Internationale file observations on the non-disputing party’s application.
July 29, 2019	UP and C.D Holding Internationale file observations on Hungary’s request for the stay of enforcement of the award.
August 5, 2019	Hungary files a response to UP and C.D Holding Internationale’s observations of July 29, 2019.
August 12, 2019	UP and C.D Holding Internationale file further observations on Hungary’s response of August 5, 2019.
October 18, 2019	Hungary files a memorial on annulment.
December 27, 2019	The ad hoc Committee issues a decision on the stay of enforcement of the award.
December 27, 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).
January 24, 2020	UP and C.D Holding Internationale files a counter-memorial on annulment.
February 3, 2020	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
March 16, 2020	Each party files observations on the non-disputing party’s written submission.
April 3, 2020	Hungary files a reply on annulment.
May 21, 2020	Hungary files a request for the Tribunal to decide on the admissibility of new evidence.
May 29, 2020	UP and C.D Holding Internationale file observations on Hungary’s request of May 21, 2020.
June 12, 2020	UP and C.D Holding Internationale file a rejoinder on annulment.
August 10, 2020	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
August 31, 2020	The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
September 8, 2020 - September 9, 2020	The ad hoc Committee holds a hearing on annulment by video conference.
September 30, 2020	Each party files a statement of costs.
June 11, 2021	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
August 11, 2021	The ad hoc Committee issues its decision on annulment.