Case Details

EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic (ICSID Case No. ARB/14/14)

Subject of Dispute:

Talc mining enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Canada - Slovak Republic 2010, BIT United States of America - Slovak Republic 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Belmont Resources Inc. (Canadian), EuroGas Inc. (U.S.)
Respondent(s):

Slovak Republic (Slovak)
Date Registered:

July 10, 2014
Date of Constitution of Tribunal:

January 20, 2015

Composition of Tribunal

President:

Pierre MAYER (French) - Appointed by the Parties
Arbitrators:

Emmanuel GAILLARD (French) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Derains & Gharavi, Paris, France
Respondent(s):

Ministry of Finance of the Slovak Republic, Bratislava, Slovak Republic
Squire Patton Boggs New York, NY, U.S.A., London, U.K. and Prague, Czech Republic
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 18, 2017 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

The Tribunal renders its award; attached to the award is a dissenting opinion by Emmanuel Gaillard.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

December 22, 2017 (Claimant(s))
Date of Constitution of ad hoc Committee:

January 26, 2018

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

President:

Christopher GREENWOOD (British)
Members:

Gabriel BOTTINI (Argentine)
Mahnaz MALIK (British, Pakistani)

Party Representatives

Claimant(s):

Belmont Resources Inc.
Respondent(s):

Ministry of Finance of the Slovak Republic, Bratislava, Slovak Republic
Squire Patton Boggs New York, NY, U.S.A., London, U.K. and Prague, Czech Republic
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 31, 2019 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulations 14(3)(d) and (e).

(a) Original Proceeding

Published Decisions

Request for Arbitration

Claimants’ Application for Provisional Measures

Claimants’ Full Application for Provisional Measures

Respondent’s Request for Provisional Measures and Opposition to Claimants’ Application for Provisional Measures

Claimants’ Reply on Provisional Measures and Answer to the Respondent’s Request for Provisional Measures

Respondent’s Reply Application for Provisional Measures and Rejoinder to Claimants’ Application for Provisional Measures

Claimants’ Rejoinder to Respondent’s Application for Provisional Measures

Transcript of the First Session and Hearing on Provisional Measures

Claimants’ Memorial

Procedural Order No. 1

Procedural Order No. 2

Annex to Procedural Order No. 2

Procedural Order No. 3

Respondent’s Counter-Memorial on Jurisdiction and Liability

Procedural Order No. 4

Annex 1 to Procedural Order No. 4

Annex 2 to Procedural Order No. 4

Claimants’ Reply

Index of Factual Exhibits to Claimants’ Reply

Index of Legal Authorities to Claimants’

Respondent’s Rejoinder

Global Index of Respondent’s Submissions

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Transcript of the Hearing on the Merits (September 12, 2016 – September 16, 2016)

Public Hearing on Jurisdiction and Merits (September 12 - 16, 2016). The video recording includes interpretation from the Slovak to English language that does not reflect the Parties’ agreed corrections to interpretation errors. A link to the corrected hearing transcripts is above.” (December 30, 2016)

Award of the Tribunal

Dissenting Opinion by Arbitrator Emmanuel Gaillard

Available on the ICSID Website

Request for Arbitration (June 25, 2014) English (Original)

Claimants’ Application for Provisional Measures (July 8, 2014) English (Original)

Claimants’ Full Application for Provisional Measures (August 11, 2014) English (Original)

Respondent’s Request for Provisional Measures and Opposition to Claimants’ Application for Provisional Measures (September 10, 2014) English (Original)

Claimants’ Reply on Provisional Measures and Answer to the Respondent’s Request for Provisional Measures (October 16, 2014) English (Original)

Respondent’s Reply Application for Provisional Measures and Rejoinder to Claimants’ Application for Provisional Measures (November 21, 2014) English (Original)

Claimants’ Rejoinder to Respondent’s Application for Provisional Measures (December 22, 2014) English (Original)

Transcript of the First Session and Hearing on Provisional Measures (March 17, 2015) English (Original)

Claimants’ Memorial (March 31, 2015) English (Original)

Procedural Order No. 1 (April 1, 2015) English (Original)

Procedural Order No. 2 (April 16, 2015) English (Original)

Annex to Procedural Order No. 2 (April 16, 2015) English (Original)

Procedural Order No. 3 (June 23, 2015) English (Original)

Respondent’s Counter-Memorial on Jurisdiction and Liability (June 30, 2015) English (Original)

Procedural Order No. 4 (August 26, 2015) English (Original)

Annex 1 to Procedural Order No. 4 (August 26, 2015) English (Original)

Annex 2 to Procedural Order No. 4 (August 26, 2015) English (Original)

Claimants’ Reply (September 29, 2015) English (Original)

Index of Factual Exhibits to Claimants’ Reply (September 29, 2015) English (Original)

Index of Legal Authorities to Claimants’ (September 29, 2015) English (Original)

Respondent’s Rejoinder (December 29, 2015) English (Original)

Global Index of Respondent’s Submissions (December 29, 2015) English (Original)

Procedural Order No. 5 (January 11, 2016) English (Original)

Procedural Order No. 6 (January 14, 2016) English (Original)

Procedural Order No. 7 (September 5, 2016) English (Original)

Procedural Order No. 8 (September 23, 2016) English (Original)

Transcript of the Hearing on the Merits (September 12, 2016 – September 16, 2016) (September 12, 2016) English (Original)

Transcript of the Hearing on the Merits (September 12, 2016 – September 16, 2016) (September 13, 2016) English (Original)

Transcript of the Hearing on the Merits (September 12, 2016 – September 16, 2016) (September 14, 2016) English (Original)

Transcript of the Hearing on the Merits (September 12, 2016 – September 16, 2016) (September 15, 2016) English (Original)

Transcript of the Hearing on the Merits (September 12, 2016 – September 16, 2016) (September 16, 2016) English (Original)

Award of the Tribunal (August 18, 2017) English (Original)

Dissenting Opinion by Arbitrator Emmanuel Gaillard (August 18, 2017) English (Original)

(b) Annulment Proceeding

Published Decisions

Order of the ad hoc Committee on the Discontinuance of the Proceeding

Available on the ICSID Website

Order of the ad hoc Committee on the Discontinuance of the Proceeding (October 31, 2019) English (Original)

(a) Original Proceeding

Date	Development
July 8, 2014	The Claimants file a request for provisional measures.
July 10, 2014	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
August 11, 2014	The Claimants file a full briefing on their request for provisional measures.
September 3, 2014	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
September 9, 2014	Following appointment by the Claimants, Emmanuel Gaillard (French) accepts his appointment as arbitrator.
September 11, 2014	The Respondent files a request for provisional measures and observations on the Claimants' request for provisional measures.
October 16, 2014	The Claimants file a response to the Respondent’s observations of September 11, 2014 and observations on the Respondent’s request for provisional measures.
January 19, 2015	Following appointment by the parties, Pierre Mayer (French) accepts his appointment as presiding arbitrator.
January 20, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Pierre Mayer (French), President, appointed by agreement of the parties; Emmanuel Gaillard (French), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
March 31, 2015	The Claimants file a memorial on the merits.
April 1, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 16, 2015	The Tribunal issues Procedural Order No. 2 concerning transparency.
June 23, 2015	The Tribunal issues Procedural Order No. 3 concerning provisional measures.
June 30, 2015	The Respondent files a counter-memorial on the merits.
August 26, 2015	The Tribunal issues Procedural Order No. 4 concerning production of documents.
September 29, 2015	The Claimants file a reply on the merits.
December 29, 2015	The Respondent files a rejoinder on the merits.
January 11, 2016	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
January 14, 2016	The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
September 5, 2016	The Claimants file a request for provisional measures. The Respondent files observations on the Claimants’ request for provisional measures. The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. The Tribunal issues Procedural Order No. 7 concerning hearing organization and provisional measures.
September 12, 2016 - September 16, 2016	The Tribunal holds a hearing on the merits in Paris.
September 23, 2016	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
November 14, 2016	Each party files a statement of costs.
August 18, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). The Tribunal renders its award; attached to the award is a dissenting opinion by Emmanuel Gaillard.

(b) Annulment Proceeding

Date	Development
December 22, 2017	The Secretary-General registers an application for partial annulment of the award filed by Belmont Resources Inc.
January 26, 2018	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Christopher Greenwood (British), President; Gabriel Bottini (Argentine); and Mahnaz Malik (British/Pakistani); all members appointed by the Chairman of the Administrative Council.
May 16, 2018	The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
June 1, 2018	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
October 29, 2019	The Secretary-General moves that the ad hoc Committee discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
October 31, 2019	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulations 14(3)(d) and (e).