Case Details
UniCredit Bank Austria AG and Zagrebačka Banka d.d. v. Republic of Croatia (ICSID Case No. ARB/16/31)
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Banking services and debt instruments
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Finance
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BIT Croatia - Austria 1997
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ICSID Convention - Arbitration Rules
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Zagrebacka Banka d.d. (Croatian), UniCredit Bank Austria AG (Austrian)
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Republic of Croatia (Croatian)
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September 16, 2016
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June 13, 2017
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Lucinda A. LOW (U.S.) - Appointed by the Parties
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Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Miloš OLIK (Czech) - Appointed by the Respondent(s) -
Allen & Overy, London, U.K.
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State Attorney’s Office of the Republic of Croatia
Volterra Fietta, London, U.K. -
English
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Concluded
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July 16, 2021 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Order Taking Note of the Discontinuance of the Proceeding.
Available on the ICSID Website
Order Taking Note of the Discontinuance of the Proceeding. (July 16, 2021) English (Original)
(a) Original Proceeding
Date | Development |
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September 16, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
December 8, 2016 | Following appointment by the Claimants, Klaus Reichert (German/Irish) accepts his appointment as arbitrator. |
January 16, 2017 | Following appointment by the Respondent, Miloš Olík (Czech) accepts his appointment as arbitrator. |
June 13, 2017 | Following appointment by agreement of the parties, Lucinda A. Low (U.S.) accepts her appointment as presiding arbitrator. |
June 13, 2017 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Lucinda A. Low (U.S.), President, appointed by agreement of the parties; Klaus Reichert (Irish/German), appointed by the Claimants; and Miloš Olík (Czech), appointed by the Respondent. |
July 14, 2017 | The Tribunal holds a first session by video conference. |
August 1, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
August 9, 2017 | The Claimants file a request for the Tribunal to decide on confidentiality. |
August 21, 2017 | The Respondent files observations on the Claimants’ request of August 9, 2017. |
August 31, 2017 | The Tribunal issues Procedural Order No. 2 concerning confidentiality. |
September 15, 2017 | The Claimants file a memorial on the merits. |
October 16, 2017 | The Claimants file a request for the Tribunal to decide on confidentiality. |
November 3, 2017 | The Respondent files observations on the Claimants’ request of October 16, 2017. |
November 10, 2017 | The Claimants file a response to the Respondent’s observations of November 3, 2017. |
November 13, 2017 | The Respondent files further observations on the Claimants’ response of November 10, 2017. |
January 4, 2018 | The Tribunal issues Procedural Order No. 3 concerning confidentiality. |
January 16, 2018 | The Respondent files objections to jurisdiction, including a request to address the objections to jurisdiction as a preliminary question. |
February 13, 2018 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
April 25, 2018 | The Tribunal issues Procedural Order No. 4 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 16, 2018 | The Respondent files observations on one of its jurisdictional objections. |
June 5, 2018 | The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing. |
June 6, 2018 | The Claimants file a response to the Respondent’s observations of May 16, 2018. |
June 27, 2018 | The Tribunal holds a hearing regarding one of the Respondent’s jurisdictional objections in London. |
August 22, 2018 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
August 29, 2018 | Each party files observations on the non-disputing party’s application. |
September 7, 2018 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
September 11, 2018 | 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). |
October 12, 2018 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
October 12, 2018 | The Tribunal issues a decision on one of the Respondent’s jurisdictional objections. |
October 29, 2018 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
December 21, 2018 | The Tribunal issues Procedural Order No. 8 concerning confidentiality. |
December 22, 2018 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
February 14, 2019 | The Respondent files a request for reconsideration of the Tribunal’s decision of October 12, 2018. |
February 18, 2019 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
March 15, 2019 | The Claimants file a response to the Respondent’s request for reconsideration of the Tribunal’s decision of October 12, 2018. |
March 15, 2019 | The Claimants file a rejoinder on jurisdiction. |
March 18, 2019 | The Respondent files a request for the exclusion of the Claimants’ rejoinder on jurisdiction and accompanying evidence. |
March 26, 2019 | The Claimants file observations on the Respondent’s request of March 18, 2019. |
April 1, 2019 | The non-disputing party files a further application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
April 1, 2019 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
April 3, 2019 | The Respondent files a response to the Claimants’ observations of March 26, 2019. |
April 5, 2019 | The Claimants file further observations on the Respondent’s response of April 3, 2019. |
April 7, 2019 | The Tribunal issues Procedural Order No. 9 concerning organization of the hearing. |
April 8, 2019 | The Tribunal decides on the request for exclusion of the Claimants’ rejoinder on jurisdiction and accompanying evidence. |
April 9, 2019 | Each party files observations on the non-disputing party’s further application. |
April 19, 2019 | The Tribunal issues Procedural Order No. 10 concerning the non-disputing party’s further application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
April 24, 2019 - May 3, 2019 | The Tribunal holds a hearing on jurisdiction and the merits in London. |
April 27, 2019 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
July 17, 2019 | Each party files a post-hearing brief. |
August 1, 2019 | Each party files a statement of costs. |
March 24, 2020 | The Tribunal issues a decision on the Respondent’s request of February 14, 2019 and a decision on jurisdiction and admissibility. |
June 18, 2020 | The proceeding is suspended until July 17, 2020, pursuant to the parties’ agreement. |
July 17, 2020 | The proceeding is suspended until September 18, 2020, pursuant to the parties’ agreement. |
September 18, 2020 | The proceeding is suspended until September 25, 2020, pursuant to the parties’ agreement. |
September 29, 2020 | The proceeding is suspended until December 18, 2020, pursuant to the parties’ agreement. |
December 18, 2020 | The proceeding is suspended until January 8, 2021, pursuant to the parties’ agreement. |
January 8, 2021 | The proceeding is suspended until June 30, 2021, pursuant to the parties’ agreement. |
June 30, 2021 | The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |
July 16, 2021 | The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |