Case Details

City-State N.V., Praktyka Asset Management Company LLC, Crystal-Invest LLC and Prodiz LLC v. Ukraine (ICSID Case No. ARB/14/9)

Proceeding Materials Procedural Details

  • Banking instrument
  • Finance
  • BIT Netherlands - Ukraine 1994
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • City-State N.V. (Dutch), Prodiz LLC (Ukrainian), Crystal-Invest LLC (Ukrainian), Praktyka Asset Management Company LLC (Ukrainian)
    • Ukraine (Ukrainian)
    • April 24, 2014
    • December 10, 2014

      Composition of Tribunal

    • Cavinder BULL (Singaporean) - Appointed by the Chairman of the Administrative Council
    • Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
      Brigitte STERN (French) - Appointed by the Respondent(s)

      Party Representatives

    • ARBITRADE Attorneys-at-Law, Kyiv, Ukraine
      Fietta, London, U.K.
      Lucas Bastin, London, U.K.
    • Arzinger, Kyiv, Ukraine
      Foley Hoag, Washington, D.C., U.S.A., and Paris, France
      Ministry of Justice, Kyiv, Ukraine
    • English
    • Concluded
    • July 26, 2018 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Brigitte Stern.

    (b) Supplementary Decision Proceeding

    • Claimant(s)
    • September 19, 2018 (Claimant(s))

      Party Representatives

    • ARBITRADE Attorneys-at-Law, Kyiv, Ukraine
      Fietta, London, U.K.
      Lucas Bastin, London, U.K.
    • Arzinger, Kyiv, Ukraine
      Foley Hoag, Washington, D.C., U.S.A., and Paris, France
      Ministry of Justice, Kyiv, Ukraine
    • English
    • Concluded
    • February 6, 2019 - The Tribunal issues its decision on the request for supplementary decision of the award.

(a) Original Proceeding

Date Development
April 24, 2014 The Secretary-General registers a request for the institution of arbitration proceedings.
July 21, 2014 Following appointment by the Claimants, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
August 12, 2014 Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
September 8, 2014 The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
December 9, 2014 Following appointment by the parties, Vaughan Lowe (British) accepts his appointment as presiding arbitrator.
December 10, 2014 The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Vaughan Lowe (British), President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
February 2, 2015 The Tribunal holds a first session by telephone conference.
March 5, 2015 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 7, 2015 The Claimants file a memorial on jurisdiction and the merits.
July 2, 2015 The Respondent files objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
July 16, 2015 The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
August 6, 2015 The Respondent files a proposal for disqualification of arbitrator Vaughan Lowe. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
August 24, 2015 The Claimants file observations on the proposal for disqualification.
September 8, 2015 Each party files further observations on the proposal for disqualification.
September 10, 2015 Each party files a response on the proposal for disqualification.
September 18, 2015 Following the resignation of arbitrator Vaughan Lowe, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2).
November 3, 2015 The Claimants file a request for the Chairman of the Administrative Council to appoint an arbitrator to fill the vacancy caused by the resignation of arbitrator Vaughan Lowe pursuant to ICSID Arbitration Rule 11(2)(b).
December 5, 2015 Following the resignation of arbitrator Vaughan Lowe, Cavinder Bull (Singaporean) accepts his appointment as President of the Tribunal, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(2)(b).
December 7, 2015 The Tribunal is reconstituted. Its members are: Cavinder Bull (Singaporean), President, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(2)(b); Stanimir A. Alexandrov (Bulgarian), appointed by the Claimants; and Brigitte Stern (French) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
December 22, 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 objections to jurisdiction are joined to the merits of the dispute.
January 29, 2016 The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
February 8, 2016 Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
February 11, 2016 The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
February 12, 2016 The Respondent files a response to the Claimants’ observations of February 11, 2016.
February 22, 2016 The Tribunal issues Procedural Order No. 4 concerning production of documents.
March 15, 2016

The Claimants file a counter-memorial on jurisdiction.
March 15, 2016

The Respondent files a counter-memorial on the merits.
April 26, 2016 The Tribunal issues Procedural Order No. 5 concerning production of documents.
May 19, 2016 The Tribunal issues Procedural Order No. 6 concerning the confidentiality of documents.
June 21, 2016 The Respondent files a reply on jurisdiction.

The Claimants file a reply on the merits.
November 25, 2016 The Respondent files a rejoinder on the merits.

The Claimants file a rejoinder on jurisdiction.
March 6, 2017 The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
March 10, 2017 The Respondent files observations on the Claimants’ request of March 6, 2017.
March 13, 2017 The Claimants file a response to the Respondent’s observations of March 10, 2017.

The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
March 15, 2017 The Tribunal decides on the admissibility of new evidence.
March 28, 2017 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
April 5, 2017 The Claimants file observations on the Respondents’ request of March 28, 2017.
April 6, 2017 The Respondent files a response to the Claimants’ observations of April 5, 2017.
April 7, 2017 The Claimants file a reply to the Respondent’s response of April 6, 2017.
April 8, 2017 The Tribunal decides on the admissibility of new evidence.
April 13, 2017 The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
April 14, 2017 The Respondent files observations on the Claimants’ request of April 13, 2017.
April 15, 2017 The Claimants file a response to the Respondent’s observations of April 14, 2017.
April 17, 2017 The Respondent files a reply to the Claimants’ response of April 15, 2017.
April 18, 2017 The Tribunal decides on the admissibility of new evidence.
April 24, 2017 - April 28, 2017 The Tribunal holds a hearing on jurisdiction and the merits in Paris.
March 29, 2018

Each party files a statement of costs.
July 26, 2018

The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Brigitte Stern.

(b) Supplementary Decision Proceeding

Date Development
September 19, 2018

The Secretary-General registers a request for a supplementary decision of the award filed by City-State N.V., Praktyka Asset Management Company LLC, Crystal-Invest LLC and Prodiz LLC.
October 22, 2018

The Respondent files observations on the Claimants’ request for a supplementary decision.
December 19, 2018

The Claimants file a statement of costs.
December 31, 2018

The Respondent files a statement of costs.
February 6, 2019

The Tribunal issues its decision on the request for supplementary decision of the award.