Case Details

Gilward Investments B.V. v. Ukraine (ICSID Case No. ARB/15/33)

Subject of Dispute:

Aviation services
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Netherlands - Ukraine 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Gilward Investments B.V. (Dutch)
Respondent(s):

Ukraine (Ukrainian)
Date Registered:

July 31, 2015
Date of Constitution of Tribunal:

December 9, 2015

Composition of Tribunal

President:

Eric A. SCHWARTZ (French, U.S.) - Appointed by Co-Arbitrators
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

FieldFisher, London, U.K., Lucas Bastin, London, U.K., Jackie McArthur, London, U.K.
Respondent(s):

Ministry of Justice, Kyiv, Ukraine
Latham & Watkins, London, U.K.
Sayenko Kharenko, Kyiv, Ukraine
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 6, 2025 -
The Tribunal issues an order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

No References Available.

(a) Original Proceeding

Date	Development
July 31, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
September 23, 2015	Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator.
September 29, 2015	Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator.
November 13, 2015	Following the resignation of arbitrator Philippe Sands, Rolf Knieper (German) accepts his appointment as arbitrator, appointed by the Respondent.
December 9, 2015	Following appointment by his co-arbitrators, Eric Schwartz (French/U.S.) accepts his appointment as presiding arbitrator.
December 9, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eric Schwartz (French/U.S.), President, appointed by his co-arbitrators; Guido Santiago Tawil (Argentine), appointed by the Claimant; and Rolf Knieper (German), appointed by the Respondent.
March 21, 2016	The Tribunal holds a first session in Paris.
April 18, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 12, 2016	The Claimant files a memorial on the merits.
January 16, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
February 27, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
March 2, 2017	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 proceeding on the merits is suspended.
April 21, 2017	The Respondent files a memorial on jurisdiction.
October 26, 2017	The Claimant files a counter-memorial on jurisdiction.
January 26, 2018	The Respondent files a reply on jurisdiction.
March 5, 2018	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
April 15, 2018	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
July 26, 2018	The Claimant files a rejoinder on jurisdiction.
December 4, 2018	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
December 4, 2018	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
June 6, 2019	The proceeding is resumed following payment of the required advances.
July 6, 2020	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
February 17, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties video conference.
March 2, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 9, 2021	The Claimant files observations on the Respondent’s request of March 2, 2021.
March 17, 2021	The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence.
April 12, 2021	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
May 3, 2021 - May 6, 2021	The Tribunal holds a hearing on jurisdiction by video conference.
July 16, 2021	Each party files a post-hearing brief.
September 16, 2021	Each party files a submission on costs.
December 21, 2021	The Tribunal issues a decision on jurisdiction.
February 24, 2022	The Tribunal suspends the proceeding.
May 16, 2023	The suspension of the proceeding is lifted by agreement of the parties.
March 22, 2024	The Respondent files a counter-memorial on the merits.
July 16, 2024	Following exchanges between the parties, the Tribunal issues Procedural Order No. 8 concerning production of documents.
October 7, 2024	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
October 24, 2024	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
December 18, 2024	The Claimant files a reply on the merits.
January 16, 2025	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
January 16, 2025	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
July 31, 2025	The Secretary-General moves that the Tribunal discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
August 6, 2025	The Tribunal issues an order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).