Case Details

United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v. Republic of Estonia (ICSID Case No. ARB/14/24)

Subject of Dispute:

Water and wastewater services
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT Netherlands - Estonia 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Aktsiaselts Tallinna Vesi (Estonian), United Utilities (Tallinn) B.V. (Dutch)
Respondent(s):

Republic of Estonia (Estonian)
Date Registered:

October 24, 2014
Date of Constitution of Tribunal:

March 19, 2015

Composition of Tribunal

President:

Stephen L. DRYMER (Canadian) - Appointed by Co-Arbitrators
Arbitrators:

David A.R. WILLIAMS (New Zealand) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Advokaadibüroo Sorainen AS, Tallinn, Estonia
Herbert Smith Freehills, London, U.K.
Respondent(s):

Ministry of Economic Affairs and Communications, Tallinn, Estonia
OÜ Advokaadibüroo Red, Tallinn, Estonia
Squire Patton Boggs, Prague, Czech Republic, Frankfurt, Germany, and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 21, 2019 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator David A. R. Williams.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Amended Procedural Order No. 1

Procedural Order No. 2

Decision on Respondent's Application for Provisional Measures

Procedural Order No. 3

Decision on the Application for Leave to Intervene as a Non-Disputing Party Submitted by the European Commission

Award of the Tribunal

Dissent of Sir David A.R. Williams KNZM, QC.

Available on the ICSID Website

Procedural Order No. 1 (June 5, 2015) English (Original)

Amended Procedural Order No. 1 (June 19, 2015) English (Original)

Procedural Order No. 2 (June 17, 2015) English (Original)

Decision on Respondent's Application for Provisional Measures (May 12, 2016) English (Original)

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

Decision on the Application for Leave to Intervene as a Non-Disputing Party Submitted by the European Commission (October 2, 2018) English (Original)

Award of the Tribunal (June 21, 2019) English (Original)

Dissent of Sir David A.R. Williams KNZM, QC. (June 21, 2019) English (Original)

(a) Original Proceeding

Date	Development
October 24, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
February 23, 2015	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
February 25, 2015	Following appointment by the Claimants, David A.R. Williams (New Zealand) accepts his appointment as arbitrator.
March 18, 2015	Following appointment by the co-arbitrators, Stephen Drymer (Canadian) accepts his appointment as presiding arbitrator.
March 19, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are Stephen Drymer (Canadian), President, appointed by his co-arbitrators; David A.R. Williams (New Zealand), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
May 1, 2015	The Respondent files a request to address the objections to jurisdiction as a preliminary question. The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
May 5, 2015	The Tribunal holds a first session and a hearing on Respondent’s request to address the objections to jurisdiction as a preliminary question in London.
June 5, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 17, 2015	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
September 18, 2015	The Claimants file a memorial on jurisdiction and the merits.
January 27, 2016	The Respondent files a request for the Tribunal concerning confidentiality of documents.
January 29, 2016	The Claimants file observations on the Respondent’s request of January 27, 2016.
February 5, 2016	The Respondent files a counter-memorial on jurisdiction and the merits.
February 26, 2016	The Respondent files a request for provisional measures.
March 18, 2016	The Claimants file observations on the Respondent’s request of February 26, 2016.
April 1, 2016	The Respondent files a response to the Claimants’ observations of March 18, 2016.
April 15, 2016	The Claimants file further observations on the Respondent’s response of April 1, 2016. Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 3, 2016	The Tribunal issues Procedural Order No. 3 concerning production of documents.
May 12, 2016	The Tribunal issues a decision on provisional measures.
June 17, 2016	The Claimants file a reply on jurisdiction and the merits.
September 16, 2016	The Respondent files a rejoinder on jurisdiction and the merits.
November 7, 2016 - November 15, 2016	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
January 24, 2017	The Tribunal poses questions to the parties.
February 22, 2017	Each party files a post-hearing brief.
May 12, 2017	Each party files a submission on costs.
May 26, 2017	Each party files a reply submission on costs.
March 13, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
March 15, 2018	The Claimants file observations on the Respondent's request of March 13, 2018.
March 16, 2018	The Tribunal decides on the Respondent's request of March 13, 2018.
March 25, 2018	The Claimants file a request for leave to submit a new request for production of document.
March 27, 2018	The Respondent files observations on the Claimants’ request of March 25, 2018.
March 28, 2018	The Tribunal decides on the Claimants’ request of March 25, 2018.
March 29, 2018	Each party files observations on jurisdiction.
August 22, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 31, 2018	Each party files observations on the non-disputing party’s application.
October 2, 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).
June 21, 2019	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator David A. R. Williams.