Case Details

Amlyn Holding B.V. v. Republic of Croatia (ICSID Case No. ARB/16/28)

Subject of Dispute:

Biomass power plant
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):

Amlyn Holding B.V. (Dutch)
Respondent(s):

Republic of Croatia (Croatian)
Date Registered:

August 17, 2016
Date of Constitution of Tribunal:

February 21, 2017

Composition of Tribunal

President:

Stephen L. DRYMER (Canadian) - Appointed by the Parties
Arbitrators:

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

Party Representatives

Claimant(s):

De Brauw Blackstone Westbroek N.V., Amsterdam, Netherlands
Respondent(s):

Bredin Pratt, Paris, France
State Attorney’s Office, Zagreb, Croatia
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 22, 2021 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
August 17, 2016	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
November 9, 2016	Following appointment by the Claimant, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
November 12, 2016	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
February 21, 2017	Following appointment by agreement of the parties, Stephen L. Drymer (Canadian) accepts his appointment as presiding arbitrator.
February 21, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Stephen L. Drymer (Canadian), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
March 23, 2017	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
April 13, 2017	Each party files observations on the non-disputing party’s application.
April 20, 2017	The Respondent files further observations on the non-disputing party’s application.
April 27, 2017	The Claimant files further observations on the non-disputing party’s application.
May 15, 2017	The Tribunal holds a first session by telephone conference.
May 26, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 30, 2017	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 4, 2017	The Claimant files a memorial on the merits.
March 16, 2018	The Respondent files a counter-memorial on the merits and a request to address the objections to jurisdiction as a preliminary question.
April 16, 2018	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
April 20, 2018	The Respondent files a response to the Claimant’s observations of April 16, 2018.
May 3, 2018	The Tribunal issues a decision on the Respondent’s request to address certain objections to jurisdiction as a preliminary question.
July 3, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 13, 2018	Each party files observations on the non-disputing party’s application.
August 17, 2018	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 31, 2018	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
October 4, 2018	The Claimant files a reply on the merits.
March 12, 2019	The Respondent files a rejoinder on the merits.
April 10, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
April 18, 2019	The Claimant files a request for leave to file new evidence.
April 24, 2019	The Respondent files observations on the Claimant’s request of April 18, 2019.
April 26, 2019	The Tribunal decides on the admissibility of evidence.
May 6, 2019 - May 16, 2019	The Tribunal holds a hearing on the merits in Paris.
July 18, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 19, 2019	Each party files a post-hearing brief.
July 22, 2019	The Claimant files observations on the Respondent’s request of July 18, 2019.
July 30, 2019	The Tribunal decides on the Respondent’s request of July 18, 2019.
June 30, 2021	Each party files a statement of costs.
September 2, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 3, 2021	The Claimant files observations on the Respondent’s request of September 2, 2021.
September 8, 2021	The Tribunal decides on the admissibility of evidence.
September 8, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 22, 2021	The Tribunal renders its award.