Case Details

ČEZ, a.s. v. Republic of Bulgaria (ICSID Case No. ARB/16/24)

Subject of Dispute:

Electricity supply and distribution operations
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

CEZ, a.s. (Czech)
Respondent(s):

Republic of Bulgaria (Bulgarian)
Date Registered:

July 26, 2016
Date of Constitution of Tribunal:

February 25, 2019

Composition of Tribunal

President:

Pierre TERCIER (Swiss) - Appointed by the Parties
Arbitrators:

Julian D.M. LEW (British, Israeli) - Appointed by the Claimant(s)
Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Skils s.r.o. advokátní kancelár, Prague, Czech Republic
Guglielmo Verdirame, London, U.K.
Tsvetkova Bebov Komarevski, Sofia, Bulgaria
Kambourov & Partners, Sofia, Bulgaria
Respondent(s):

Arnold & Porter Kaye Scholer, Washington, D.C. and San Francisco, U.S.A and London, U.K.
Ministry of Finance, Sofia, Bulgaria
Tomov & Tomov, Sofia, Bulgaria
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

February 29, 2024 - The Respondent files a post-hearing brief.

No References Available.

(a) Original Proceeding

Date	Development
July 26, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
October 20, 2016	Following appointment by the Claimant, Julian D. M. Lew (British) accepts his appointment as arbitrator.
October 27, 2016	Following appointment by the Respondent, Donald M. McRae (Canadian/New Zealand) accepts his appointment as arbitrator.
November 28, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 22, 2019	Following appointment by agreement of the parties, Pierre Tercier (Swiss) accepts his appointment as presiding arbitrator.
February 25, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Pierre Tercier (Swiss), President, appointed by agreement of the parties; Julian D. M. Lew (British), appointed by the Claimant; and Donald M. McRae (Canadian/New Zealand), appointed by the Respondent.
April 25, 2019	The Tribunal holds a first session by telephone conference.
May 6, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 20, 2019	Each party files observations on the non-disputing party’s application.
June 4, 2019	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
June 24, 2019	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
September 2, 2019	The Respondent files a memorial on jurisdiction.
November 11, 2019	The Claimant files a counter-memorial on jurisdiction.
December 17, 2019	The Respondent files a reply on jurisdiction.
January 20, 2020	The Claimant files a rejoinder on jurisdiction.
June 5, 2020	The Tribunal issues Procedural Order No. 3 concerning organization of the hearing.
June 8, 2020 - June 9, 2020	The Tribunal holds a hearing on jurisdiction by video conference.
June 15, 2020	The Tribunal issues Procedural Order No. 4 posing questions to the parties.
July 20, 2020	Each party files answers to the questions posed by the Tribunal on June 15, 2020.
August 14, 2020	Each party files a submission on costs.
March 2, 2021	The Tribunal issues a decision on jurisdiction.
July 3, 2021	The Claimant files a memorial on the merits.
January 31, 2022	The Respondent files a counter-memorial on the merits.
March 22, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
April 18, 2022	The Tribunal issues Procedural Order No. 5 concerning production of documents.
September 27, 2022	The Claimant files a reply on the merits.
January 26, 2023	The Respondent files a rejoinder on the merits.
March 29, 2023	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
April 24, 2023 - May 4, 2023	The Tribunal holds a hearing on the merits in London.
May 10, 2023	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
October 31, 2023 - November 1, 2023	The Tribunal holds a continuation of hearing on the merits in London.
February 15, 2024	The Claimant files a post-hearing brief.
February 29, 2024	The Respondent files a post-hearing brief.