Case Details

Elektrogospodarstvo Slovenije - razvoj in inzeniring d.o.o. v. Bosnia and Herzegovina (ICSID Case No. ARB/14/13)

Subject of Dispute:

Thermal power plant project
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Bosnia and Herzegovina - Slovenia 2001 - ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Elektrogospodarstvo Slovenije - razvoj in inzeniring d.o.o. (Slovenian)
Respondent(s):

Bosnia and Herzegovina (Bosnian)
Date Registered:

June 16, 2014
Date of Constitution of Tribunal:

July 2, 2015

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by Co-Arbitrators
Arbitrators:

Jan PAULSSON (French, Swedish) - Appointed by the Claimant(s)
Maja STANIVUKOVIĆ (Serbian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

David A. Pawlak, Warsaw, Poland
Rojs, Peljhan, Prelesnik & partners, Ljubljana, Slovenia
Respondent(s):

Mikijelj Jankovic & Bogdanovic, Belgrade, Serbia
Zeiler.partners, Vienna, Austria
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 29, 2024 - The proceeding is suspended pursuant to the parties’ agreement.

No References Available.

(a) Original Proceeding

Date	Development
June 16, 2014	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
October 22, 2014	Following appointment by the Claimant, Jan Paulsson (French/Swedish) accepts his appointment as arbitrator.
December 2, 2014	Following appointment by the Respondent, Maja Stanivuković (Serbian) accepts her appointment as arbitrator.
July 2, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by his co-arbitrators; Jan Paulsson (French/Swedish), appointed by the Claimant; and Maja Stanivuković (Serbian), appointed by the Respondent.
July 31, 2015	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5) and a request to address the objections to jurisdiction as a preliminary question.
September 24, 2015	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) and the request to address the objections to jurisdiction as a preliminary question.
October 30, 2015	The Tribunal holds a first session and a hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5) in the Netherlands.
November 3, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters. The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
March 12, 2016	The Claimant files a memorial on jurisdiction and liability.
April 12, 2016	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 28, 2016	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
July 19, 2016	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 objections to jurisdiction are joined to the merits of the dispute.
October 18, 2016	The Claimant files a request for the Tribunal to decide on production of documents.
November 16, 2016	The Respondent files a counter-memorial on jurisdiction and liability.
December 8, 2016	The Tribunal issues Procedural Order No. 3 concerning production of documents.
March 20, 2017	The Tribunal issues Procedural Order No. 4 concerning production of documents.
April 5, 2017	The Claimant files a reply on jurisdiction and liability.
June 7, 2017	The Tribunal issues Procedural Order No. 5 concerning production of documents.
July 27, 2017	The Respondent files a rejoinder on jurisdiction and liability.
September 8, 2017	The Tribunal issues Procedural Order No. 6 concerning production of documents.
September 22, 2017	The Tribunal issues Procedural Order No. 7 concerning evidentiary matters.
November 8, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
November 20, 2017	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
December 11, 2017 - December 15, 2017	The Tribunal holds a hearing on jurisdiction and liability in the Hague.
March 9, 2018	Each party files a post-hearing brief.
March 23, 2018	Each party files a reply post-hearing brief.
April 7, 2018	Each party files a statement of costs.
April 20, 2018	Each party files observations on the other party’s statement of costs.
May 18, 2020	The Tribunal issues a decision; attached to the decision is a dissenting opinion by arbitrator Maja Stanivukovic.
May 18, 2020	The proceeding is suspended pursuant to the Tribunal’s decision.
July 15, 2020	The proceeding is resumed pursuant to the Tribunal’s decision.
October 30, 2020	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
October 30, 2020	The proceeding is suspended pursuant to the Tribunal’s decision.
March 29, 2024	The proceeding is suspended pursuant to the parties’ agreement.