Case Details
Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček v. Bosnia and Herzegovina (ICSID Case No. ARB/16/36)
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Hydroelectric power plants
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Electric Power & Other Energy
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BIT Bosnia and Herzegovina - Slovenia 2001 - ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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Vladimir Zevnik (Slovenian), Viaduct d.o.o. Portorož (Slovenian), Boris Goljevšcek (Slovenian)
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Bosnia and Herzegovina (Bosnian)
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November 15, 2016
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August 6, 2018
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William W. PARK (Swiss, U.S.) - Appointed by Co-Arbitrators
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Ian LAIRD (Canadian) - Appointed by the Claimant(s)
Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Respondent(s) -
Baroš Law Office (B&B Legal Banja Luka), Republic of Srpska, Bosnia and Herzegovina
Bojovic & Partners, Belgrade, Serbia
Scrantom Dulles International, Washington, D.C., U.S.A. -
Attorney General, Sarajevo, Bosnia and Herzegovina
Karanovic & Nikolic o.a.d., Belgrade, Serbia
zeiler.partners Rechtsanwälte GmbH, Vienna, Austria -
English
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Concluded
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April 18, 2022 - The Tribunal renders its award.
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Respondent(s)
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August 5, 2022 (Respondent(s))
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September 7, 2022
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Andrés JANA LINETZKY (Chilean)
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Baroš Law Office (B&B Legal Banja Luka), Republic of Srpska, Bosnia and Herzegovina
Christopher Harris, London, U.K.
Tariq Baloch, London, U.K.
Mark Wassouf, London, U.K.
Calum Mulderrig, London, U.K. -
Karanovic & Nikolic o.a.d., Belgrade, Serbia
zeiler.partners Rechtsanwälte GmbH, Vienna, Austria -
English
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Concluded
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May 1, 2024 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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November 15, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
April 12, 2018 | Following appointment by the Claimants, Ian Laird (Canadian) accepts his appointment as arbitrator. |
May 18, 2018 | The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention. |
May 29, 2018 | Following appointment by the Respondent, Horacio A. Grigera Naón (Argentine) accepts his appointment as arbitrator. |
August 6, 2018 | Following appointment by his co-arbitrators in consultation with the parties, William W. Park (Swiss/U.S.) accepts his appointment as presiding arbitrator. |
August 6, 2018 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: William W. Park (Swiss/U.S.), President, appointed by his co-arbitrators in consultation with the parties; Ian Laird (Canadian), appointed by the Claimants; and Horacio A. Grigera Naón (Argentine), appointed by the Respondent. |
October 16, 2018 | The Respondent files an application for security for costs. |
October 30, 2018 | The Tribunal holds a first session by telephone conference. |
November 19, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
December 7, 2018 | The Claimants file observations on the Respondent’s application for security for costs. |
December 21, 2018 | The Respondent files a response to the Claimants’ observations of December 7, 2018. |
April 15, 2019 | The Claimants file a memorial on the merits. |
June 7, 2019 | The Claimants file further observations on the Respondent’s application for security for costs. |
June 18, 2019 | The Tribunal issues a decision on the Respondent’s application for security for costs. |
September 25, 2019 | The Respondent files a counter-memorial on the merits. |
October 24, 2019 | The Tribunal issues Procedural Order No. 2 concerning the procedural calendar. |
January 17, 2020 | The Tribunal issues a decision on production of documents. |
January 24, 2020 | The Tribunal issues Procedural Order No. 3 concerning confidentiality. |
May 31, 2020 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
July 17, 2020 | The Claimants file a reply on the merits. |
October 6, 2020 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 16, 2020 | The Respondent files a rejoinder on the merits. |
October 27, 2020 | The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing. |
November 20, 2020 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
November 30, 2020 | The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
December 7, 2020 - December 11, 2020 | The Tribunal holds a hearing on the merits by video conference. |
December 19, 2020 | The Tribunal issues Procedural Order No. 7 concerning procedural matters. |
February 26, 2021 | Each party files a post-hearing brief. |
October 28, 2021 | Each party files a submission on costs. |
November 12, 2021 | Each party files observations on the other party’s submission on costs. |
January 17, 2022 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
April 18, 2022 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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August 5, 2022 | The Acting Secretary-General registers an application for annulment of the award filed by Bosnia and Herzegovina and notifies the parties of the provisional stay of enforcement of the award. |
September 7, 2022 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Jana Linetzky (Chilean), President; Bertha Cooper-Rousseau (Bahamas); and Ucheora Onwuamaegbu (British/Nigerian); all members appointed by the Chairman of the Administrative Council. |
September 21, 2022 | Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček file observations on the Bosnia and Herzegovina’s request to continue the stay of enforcement of the award. |
September 28, 2022 | Bosnia and Herzegovina files a response to Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček’s observations of September 21, 2022. |
October 17, 2022 | The ad hoc Committee holds a first session by video conference. |
October 19, 2022 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
November 4, 2022 | Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček file a counter-memorial on annulment. |
December 2, 2022 | The ad hoc Committee issues a decision on concerning the continuation of the stay of enforcement of the award. |
January 16, 2023 | Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček file a request concerning the continuation of the stay of enforcement of the award. |
January 20, 2023 | Bosnia and Herzegovina files a reply on annulment. |
January 30, 2023 | Bosnia and Herzegovina files observations on Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček’s request of January 16, 2023. |
February 6, 2023 | The ad hoc Committee issues a decision on concerning the continuation of the stay of enforcement of the award. |
March 3, 2023 | Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček file a rejoinder on annulment. |
April 3, 2023 | The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference. |
April 4, 2023 | The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing. |
April 19, 2023 - April 20, 2023 | The ad hoc Committee holds a hearing on annulment in London. |
June 23, 2023 | Each party files a post-hearing brief. |
June 30, 2023 | Each party files a statement of costs. |
July 7, 2023 | Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček files a submission on costs. |
August 7, 2023 | Bosnia and Herzegovina files observations on Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček’s submission on costs. |
April 15, 2024 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53. |
May 1, 2024 | The ad hoc Committee issues its decision on annulment. |