Case Details

ENGIE SA, GDF International SAS and ENGIE International Holdings BV v. Hungary (ICSID Case No. ARB/16/14)

Subject of Dispute:

Shareholding in gas companies, gas tariffs and taxation
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

ENGIE SA (French), ENGIE International Holdings BV (Dutch), GDF International SAS (French)
Respondent(s):

Hungary (Hungarian)
Date Registered:

April 20, 2016
Date of Constitution of Tribunal:

September 12, 2016

Composition of Tribunal

President:

Klaus SACHS (German) - Appointed by the Parties
Arbitrators:

David A.R. WILLIAMS (New Zealand) - Appointed by the Claimant(s)
Piero BERNARDINI (Italian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Réczicza Dentons Europe, Budapest, Hungary
White & Case, Paris, France
Respondent(s):

Hughes Hubbard & Reed, New York, NY, Washington D.C., U.S.A.
Ratky & Partners Attorneys, Budapest, Hungary
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 23, 2018 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
April 20, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
July 12, 2016	Following appointment by the Claimant, David A.R. Williams (New Zealand) accepts his appointment as arbitrator.
July 27, 2016	Following appointment by the Respondent, Piero Bernardini (Italian) accepts his appointment as arbitrator.
September 12, 2016	Following appointment by agreement of the parties, Klaus Sachs (German) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Klaus Sachs (German), President, appointed by agreement of the parties; David A.R. Williams (New Zealand), appointed by the Claimants; and Piero Bernardini (Italian), appointed by the Respondent.
October 26, 2016	The Tribunal holds a first session by video conference.
November 16, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 16, 2016	The Claimants file a memorial on the merits.
March 24, 2017	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
April 5, 2017	Each party files observations on the non-disputing party’s application.
May 26, 2017	The Respondent files a counter-memorial on jurisdiction and the merits.
June 12, 2017	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
June 23, 2017	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. The Respondent files observations on the Claimants’ request of June 23, 2017.
July 11, 2017	The Tribunal holds a procedural consultation with the parties in Berlin.
July 20, 2017	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 29, 2017	The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 7, 2017	The Tribunal issues Procedural Order No. 5 concerning the confidentiality of documents.
December 8, 2017	The Claimants file a reply on jurisdiction and the merits.
January 15, 2018	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
February 23, 2018	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).