Case Details

Sodexo Pass International SAS v. Hungary (ICSID Case No. ARB/14/20)

Subject of Dispute:

Food 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):

Sodexo Pass International SAS (French)
Respondent(s):

Hungary (Hungarian)
Date Registered:

August 15, 2014
Date of Constitution of Tribunal:

April 7, 2015

Composition of Tribunal

President:

William W. PARK (Swiss, U.S.) - Appointed by the Parties
Arbitrators:

Andrea CARLEVARIS (Italian) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Simmons & Simmons, Paris, France
Szecskay Attorneys at Law, Budapest, Hungary
Respondent(s):

DLA Piper, New York, NY, U.S.A.
Horváth and Partners Law Firm DLA Piper, Budapest, Hungary
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 28, 2019 - The Tribunal renders its award; attached to the award is the separate and dissenting opinion of arbitrator J. Christopher Thomas.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

May 31, 2019 (Respondent(s))
Date of Constitution of ad hoc Committee:

July 30, 2019

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

President:

Andrés JANA LINETZKY (Chilean)
Members:

Ucheora ONWUAMAEGBU (British, Nigerian)
Jacomijn J. VAN HAERSOLTE-VAN HOF (Dutch)

Party Representatives

Claimant(s):

Simmons & Simmons, Paris, France
Szecskay Attorneys At Law, Budapest, Hungary
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 7, 2021 -
The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Excerpts of Award

Available on the ICSID Website

Procedural Order No. 1 (June 17, 2015) English (Original)

Procedural Order No. 2 (June 18, 2015) English (Original)

Procedural Order No. 3 (May 5, 2016) English (Original)

Excerpts of Award (January 28, 2019) English (Original)

(b) Annulment Proceeding

Published Decisions

Procedural Order No. 1

Decision on Continued of Stay of Enforcement

Procedural Order No. 2

Procedural Order No. 2 - Annex A Hearing Schedule

Procedural Order No. 2 - Annex B List of Participants

Procedural Order No. 3

Procedural Order No. 4

Excerpts of Decision on Annulment

Available on the ICSID Website

Procedural Order No. 1 (September 6, 2019) English (Original)

Decision on Continued of Stay of Enforcement (February 10, 2020) English (Original)

Procedural Order No. 2 (October 6, 2020) English (Original)

Procedural Order No. 2 - Annex A Hearing Schedule (November 9, 2020) English (Original)

Procedural Order No. 2 - Annex B List of Participants (November 9, 2020) English (Original)

Procedural Order No. 3 (November 24, 2020) English (Original)

Procedural Order No. 4 (January 22, 2021) English (Original)

Excerpts of Decision on Annulment (May 7, 2021) English (Original)

(a) Original Proceeding

Date	Development
August 15, 2014	The Secretrary-General registers a request for the institution of arbitration proceedings.
November 21, 2014	Following appointment by the Claimant, Andrea Carlevaris (Italian) accepts his appointment as arbitrator.
December 17, 2014	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
April 7, 2015	Following appointment by the parties, William W. Park (Swiss/U.S.) accepts his appointment as presiding arbitrator.
April 7, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: William W. Park (Swiss/U.S.), President, appointed by agreement of the parties; Andrea Carlevaris (Italian), appointed by the Claimant; and John Christopher Thomas (Canadian), appointed by the Respondent.
May 26, 2015	The Tribunal holds a first session by telephone conference.
June 17, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 19, 2015	The Tribunal issues Procedural Order No. 2 concerning the place of proceedings.
October 2, 2015	The Claimant files a memorial on the merits.
January 29, 2016	The Respondent files a counter-memorial on the merits.
April 15, 2016	Each party files a request for the Tribunal to decide on production of documents.
May 5, 2016	The Tribunal issues Procedural Order No. 3 concerning production of documents.
August 8, 2016	The Claimant files a reply on the merits.
November 14, 2016	The Respondent files a rejoinder on the merits.
February 14, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
May 2, 2017 - May 4, 2017	The Tribunal holds a hearing on the merits in Washington D.C.
July 12, 2017	Each party files a post-hearing brief.
March 6, 2018	The Respondent files a request for leave to file a new jurisdictional objection.
March 16, 2018	The Claimant files observations on the Respondent’s request of March 6, 2018.
March 19, 2018	The Tribunal issues a decision concerning the Respondent’s request for leave to raise a new jurisdictional objection.
March 27, 2018	The Respondent files an objection to jurisdiction.
April 16, 2018	The Claimant files observations on the Respondent’s objection to jurisdiction.
April 16, 2018	Each party files a statement of costs.
August 3, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 14, 2018	Each party files observations on the non-disputing party’s application.
August 24, 2018	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
September 14, 2018	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
September 28, 2018	Each party files observations on the non-disputing party’s written submission.
November 27, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 28, 2019	The Tribunal renders its award; attached to the award is the separate and dissenting opinion of arbitrator J. Christopher Thomas.

(b) Annulment Proceeding

Date	Development
May 31, 2019	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.
July 30, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Jana Linetzky (Chilean), President; Ucheora Onwuamaegbu (Nigerian/British); and Jacomijn van Haersolte-van Hof (Dutch); all members appointed by the Chairman of the Administrative Council.
September 6, 2019	The ad hoc Committee holds a first session by telephone conference.
September 6, 2019	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
September 27, 2019	Hungary files a request to continue the stay of enforcement of the award.
October 18, 2019	Sodexo Pass International SAS files observations on Hungary’s request to continue the stay of enforcement of the award.
November 8, 2019	Hungary files a reply on the request to continue the stay of enforcement of the award.
November 29, 2019	Sodexo Pass International SAS files a rejoinder on the request to continue the stay of enforcement of the award.
December 20, 2019	Hungary files a memorial on annulment.
February 10, 2020	The ad hoc Committee issues a decision on the stay of enforcement of the award.
March 20, 2020	Sodexo Pass International SAS files a counter-memorial on annulment.
June 5, 2020	Hungary files a reply on annulment.
September 8, 2020	Sodexo Pass International SAS files a rejoinder on annulment.
October 5, 2020	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
October 6, 2020	The ad hoc Committee issues a Procedural Order No. 2 concerning organization of the hearing.
November 18, 2020	The ad hoc Committee holds a hearing on annulment by video conference.
November 24, 2020	The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
December 8, 2020	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
December 16, 2020	Each party files observations on the non-disputing party’s application.
December 23, 2020	Hungary files a statement of costs.
December 29, 2020	Sodexo Pass International SAS files a statement of costs.
January 22, 2021	The ad hoc Committee issues Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 30, 2021	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
May 7, 2021	The ad hoc Committee issues its decision on annulment.