Case Details
ENERGO-PRO a.s. v. Republic of Bulgaria (ICSID Case No. ARB/15/19)
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Electricity distribution
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Electric Power & Other Energy
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BIT Czechia - Bulgaria 1999 - ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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ENERGO-PRO a.s. (Czech)
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Republic of Bulgaria (Bulgarian)
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May 26, 2015
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February 9, 2016
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Bernard HANOTIAU (Belgian) - Appointed by the Chairman of the Administrative Council
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Sabine KONRAD (German) - Appointed by the Claimant(s)
Alain PELLET (French) - Appointed by the Respondent(s) -
Wendy J. MILES (New Zealand)
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Francisco ORREGO VICUÑA (Chilean)
Alain PELLET (French) -
July 19, 2017: Teresa CHENG (Chinese) appointed following the resignation of Wendy J. MILES (New Zealand)
February 8, 2018: Bernard HANOTIAU (Belgian) appointed following the resignation of Teresa CHENG (Chinese)
October 16, 2018: Sabine KONRAD (German) appointed following the passing away of Francisco ORREGO VICUÑA (Chilean) -
Kocián Šolc Balaštik, Prague, Czech Republic
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Ministry of Finance, Sofia, Republic of Bulgaria
Tomov & Tomov, Sofia, Bulgaria
White & Case, New York, NY, and Washington, D.C., U.S.A. -
English
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Concluded
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November 17, 2021 - The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Sabine Konrad.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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May 26, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
July 22, 2015 | Following appointment by the Claimant, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator. |
September 5, 2015 | Following appointment by the Respondent, Alain Pellet (France) accepts his appointment as arbitrator. |
February 8, 2016 | Following appointment by agreement of the parties, Wendy J. Miles (New Zealand) accepts her appointment as presiding arbitrator. |
February 9, 2016 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Wendy J. Miles (New Zealand), President, appointed by agreement of the parties; Francisco Orrego Vicuña (Chilean), appointed by the Claimant; and Alain Pellet (French), appointed by the Respondent. |
February 24, 2016 | The Claimant files a proposal for the disqualification of Respondent’s counsel. |
March 16, 2016 | The Respondent files observations on the proposal for disqualification. |
March 23, 2016 | The Tribunal holds a first session in London. |
April 20, 2016 | The Tribunal issues a decision on the Claimant’s proposal for the disqualification of the Respondent’s counsel. |
May 16, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
November 9, 2016 | The Claimant files a memorial on the merits. |
January 16, 2017 | A non-disputing party files an application to file written submissions, have access to documents, and participate in hearings. |
January 24, 2017 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
March 7, 2017 | Each party files observations on the non-disputing party’s application. |
April 13, 2017 | Following the resignation of arbitrator Wendy J. Miles, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
July 19, 2017 | Following the resignation of Wendy Miles, Teresa Cheng (Chinese) accepts her appointment as President of the Tribunal, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(1). |
July 19, 2017 | The Tribunal is reconstituted. Its members are: Teresa Cheng (Chinese), President, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(1); Francisco Orrego Vicuña (Chilean), appointed by the Claimant; and Alain Pellet (French) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
September 1, 2017 | The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
November 20, 2017 | The Respondent files a counter-memorial on the merits. |
January 9, 2018 | Following the resignation of arbitrator Teresa Cheng, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
February 8, 2018 | Following the resignation of Teresa Cheng, Bernard Hanotiau (Belgian) accepts his appointment as President of the Tribunal, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(1). |
February 8, 2018 | The Tribunal is reconstituted. Its members are Bernard Hanotiau (Belgian), President, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(1); Francisco Orrego Vicuña (Chilean), appointed by the Claimant; and Alain Pellet (French) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
March 16, 2018 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
April 13, 2018 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
April 23, 2018 | The Respondent files a request for leave to raise a new jurisdictional objection. |
April 25, 2018 | The Claimant files observations on the Respondent’s request of April 23, 2018. |
April 27, 2018 | The Tribunal issues Procedural order No. 5 concerning the Respondent’s request for leave to raise a new jurisdictional objection. |
August 17, 2018 | The Claimant files a reply on the merits. |
October 2, 2018 | Following the passing away of arbitrator Francisco Orrego Vicuña (Chilean), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
October 16, 2018 | Following the passing away of arbitrator Francisco Orrego Vicuña, Sabine Konrad (German) appointed by the Claimant, accepts her appointment as arbitrator in accordance with ICSID Rule 11(1). |
October 16, 2018 | The Tribunal is reconstituted. Its members are: Bernard Hanotiau (Belgian), President, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(1); Sabine Konrad (German), appointed by the Claimant; and Alain Pellet (French), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
November 30, 2018 | The Respondent files a request for the Tribunal to decide on production of documents. |
December 7, 2018 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
December 12, 2018 | The Respondent files a response to the Claimant’s observations of December 7, 2018. |
December 14, 2018 | A non-disputing party files an application for leave to intervene, to file written submissions, have access to documents, and participate in hearings. |
December 17, 2018 | The Claimant files a response to the Respondent’s observations of December 12, 2018. |
December 20, 2018 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
January 7, 2019 | Each party files observations on the non-disputing party’s application. |
January 15, 2019 | The Tribunal issues Procedural Order No. 7 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
February 14, 2019 | The Respondent files a rejoinder on the merits. |
February 28, 2019 | The Claimant files a request for the Tribunal to decide on additional production of documents. |
March 6, 2019 | The Respondent files its observations on the Claimant’s additional production of documents request. |
March 8, 2019 | The Claimant files a response to the Respondent’s observations of March 6, 2019. |
March 11, 2019 | The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing. |
March 12, 2019 | The Tribunal issues Procedural Order No. 9 concerning additional production of documents. |
March 15, 2019 | The Claimant files a rejoinder on jurisdiction. |
March 15, 2019 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
March 20, 2019 | The Claimant files a request for the Tribunal to decide on production of documents pursuant to Procedural Order No. 4. |
March 21, 2019 | The Respondent files observations on the Claimant’s request of March 15, 2019. |
March 22, 2019 | The Respondent files observations on the Claimant’s request of March 20, 2019. |
March 25, 2019 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
March 25, 2019 | The Respondent files observations on the Claimant’s request of March 25, 2019. |
March 26, 2019 | The Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence. |
March 27, 2019 | The Tribunal issues Procedural Order No. 11 concerning the production of documents pursuant to Procedural Order No. 4. |
March 28, 2019 | The Tribunal issues Procedural Order No. 12 concerning the admissibility of new evidence. |
April 1, 2019 - April 5, 2019 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
May 20, 2019 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
May 23, 2019 | The Respondent files observations on the Claimant’s request of May 20, 2019. |
June 3, 2019 | The Tribunal issues Procedural Order No. 13 concerning the admissibility of new evidence. |
June 20, 2019 | The Respondent files a request for the exclusion of evidence. |
June 27, 2019 | The Claimant files observations on the Respondent’s request for the exclusion of evidence. |
July 8, 2019 | The Tribunal issues Procedural Order No. 14 concerning the exclusion of evidence. |
July 31, 2019 | The Respondent files a request for the Tribunal to decide on additional production of documents. |
August 1, 2019 | The Tribunal decides on production of documents. |
September 24, 2019 | The Tribunal issues Procedural Order No. 15 concerning the organization of the hearing. |
October 4, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
October 7, 2019 | The Tribunal holds a hearing on quantum in London. |
October 7, 2019 | The Claimant files observations on the Respondent’s request of October 4, 2019. |
October 11, 2019 | The Tribunal issues Procedural Order No. 16 concerning the admissibility of new evidence. |
November 14, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
November 20, 2019 | The Claimant files observations on the Respondent’s request of November 14, 2019. |
November 23, 2019 | The Tribunal issues Procedural Order No. 17 concerning the admissibility of new evidence. |
January 27, 2020 | Each party files a post-hearing brief. |
February 13, 2020 | The Respondent files a request to address the arguments raised by the Claimant in its post-hearing brief. |
February 18, 2020 | The Claimant files observations on the Respondent’s request of February 13, 2020. |
February 23, 2020 | The Tribunal issues Procedural Order No. 18 concerning the Respondent’s request of February 13, 2020, and poses questions to the parties. |
March 23, 2020 | Each party files answers to the questions posed by the Tribunal on February 23, 2020. |
April 23, 2020 | Each party files a submission on costs. |
August 23, 2021 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
September 3, 2021 | The Tribunal reopens the proceeding, pursuant to ICSID Arbitration Rule 38(2). |
September 3, 2021 | The Tribunal poses questions to the parties. |
October 1, 2021 | Each party files answers to the questions posed by the Tribunal on September 3, 2021. |
November 8, 2021 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 17, 2021 | The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Sabine Konrad. |