Case Details

B3 Croatian Courier Coöperatief U.A. v. Republic of Croatia (ICSID Case No. ARB/15/5)

Subject of Dispute:

Postal services enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Croatia - Netherlands 1998
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

B3 Croatian Courier Coöperatief U.A. (Dutch)
Respondent(s):

Republic of Croatia (Croatian)
Date Registered:

February 3, 2015
Date of Constitution of Tribunal:

July 28, 2015

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by Co-Arbitrators
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, Paris, France
Respondent(s):

Bredin Prat, Paris, France
State Attorney’s Office, Zagreb, Croatia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 5, 2019 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Excerpts of Award

Available on the ICSID Website

Excerpts of Award (April 5, 2019) English (Original)

(a) Original Proceeding

Date	Development
February 3, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
May 26, 2015	Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
June 9, 2015	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
July 28, 2015	Following appointment by the co-arbitrators, Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by his co-arbitrators; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
September 22, 2015	The Tribunal holds a first session by video conference.
October 5, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 30, 2015	The Claimant files a memorial on jurisdiction and the merits.
March 9, 2016	The Respondent files a request to address the objections to jurisdiction as a preliminary question, and a request for the Tribunal to decide on the disclosure of information regarding payment of the arbitration costs.
March 18, 2016	The Claimant files observations on the Respondent’s request for the Tribunal to decide on the disclosure of information regarding payment of the arbitration costs.
March 29, 2016	The Claimant files observations on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
April 6, 2016	The Respondent files a response to the Claimant’s observations of March 29, 2016.
April 13, 2016	The Claimant files further observations on the Respondent’s response of April 6, 2016.
April 22, 2016	The Tribunal issues a decision 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.
May 2, 2016	The Respondent files a counter-memorial on jurisdiction and the merits.
June 2, 2016	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents and a request for the Tribunal to decide on confidentiality of documents.
June 14, 2016	The Respondent files a response to the Claimant’s observations and request of June 2, 2016.
June 16, 2016	The Claimant files further observations on the Respondent’s response of June 14, 2016.
June 17, 2016	The Tribunal issues Procedural Order No. 2 concerning production of documents.
June 30, 2016	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
September 16, 2016	The Claimant files a reply on jurisdiction and the merits.
January 30, 2017	The Respondent files a rejoinder on the merits.
February 22, 2017	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
March 13, 2017 - March 24, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
September 15, 2017	Each party files a statement of costs.
April 17, 2018	The Respondent files a request for leave to file a new jurisdictional objection.
April 24, 2018	The Claimant files observations on the Respondent’s request for leave to file a new jurisdictional objection.
April 27, 2018	The Respondent files a response to the Claimant’s observation of April 24, 2018.
May 2, 2018	The Claimant files further observations on the Respondent’s response of April 27, 2018.
May 3, 2018	The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request for leave to file a new jurisdictional objection.
May 17, 2018	The Respondent files an objection to jurisdiction.
June 1, 2018	The Claimant files observations on the Respondent’s objection to jurisdiction.
March 6, 2019	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 12, 2019	Each party files observations on the non-disputing party’s application.
March 15, 2019	The Tribunal issues Procedural Order No. 6 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 19, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 5, 2019	The Tribunal renders its award.