Case Details
Mabco Constructions SA v. Republic of Kosovo (ICSID Case No. ARB/17/25)
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Acquisition of shares
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Tourism
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BIT Kosovo, Republic of - Switzerland 2011 - Investment Law - Kosovo (2014)
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ICSID Convention - Arbitration Rules
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Mabco Constructions SA (Swiss)
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Republic of Kosovo (Kosovar)
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July 21, 2017
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November 20, 2017
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George BERMANN (U.S.) - Appointed by Co-Arbitrators
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Gianrocco FERRARO (Italian) - Appointed by the Claimant(s)
August REINISCH (Austrian) - Appointed by the Respondent(s) -
Bratschi, Zurich, Switzerland
Larson, Los Angeles, CA, U.S.A. -
WAGNER Arbitration, Berlin, Germany
Ministry of Justice, Pristina, Kosovo -
English
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Concluded
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January 3, 2025 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Procedural Order No. 2
Procedural Order No. 3
Decision on Jurisdiction and Dissenting Opinion
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Procedural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Procedural Order No. 12
Procedural Order No. 13
Procedural Order No. 14
Available on the ICSID Website
Procedural Order No. 1 (October 5, 2018) English (Original)
Procedural Order No. 2 (June 21, 2019) English (Original)
Procedural Order No. 3 (October 10, 2019) English (Original)
Decision on Jurisdiction and Dissenting Opinion (October 30, 2020) English (Original)
Procedural Order No. 4 (December 1, 2021) English (Original)
Procedural Order No. 5 (December 13, 2021) English (Original)
Procedural Order No. 6 (December 20, 2021) English (Original)
Procedural Order No. 7 (April 19, 2022) English (Original)
Procedural Order No. 8 (June 15, 2022) English (Original)
Procedural Order No. 9 (June 15, 2022) English (Original)
Procedural Order No. 10 (June 19, 2022) English (Original)
Procedural Order No. 12 (October 20, 2022) English (Original)
Procedural Order No. 13 (December 27, 2022) English (Original)
Procedural Order No. 14 (June 13, 2023) English (Original)
(a) Original Proceeding
Date | Development |
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July 21, 2017 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 5, 2017 | Following appointment by the Claimant, Gianrocco Ferraro (Italian) accepts his appointment as arbitrator. |
September 26, 2017 | Following appointment by the Respondent, August Reinisch (Austrian) accepts his appointment as arbitrator. |
November 20, 2017 | Following appointment by the co-arbitrators, George A. Bermann (U.S.) accepts his appointment as presiding arbitrator. |
November 20, 2017 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are George A. Bermann (U.S.), President, appointed by his co-arbitrators; Gianrocco Ferraro (Italian), appointed by the Claimant; and August Reinisch (Austrian), appointed by the Respondent. |
December 22, 2017 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
January 3, 2018 | The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
January 4, 2018 | The Respondent files a response to the Claimant’s observations of January 3, 2018. |
February 7, 2018 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
February 8, 2018 | The Tribunal holds a first session by telephone conference. |
March 12, 2018 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
September 19, 2018 | The proceeding is resumed following payment of the required advances. |
October 5, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
April 5, 2019 | The Respondent files a memorial on jurisdiction. |
May 14, 2019 | The Claimant files a counter-memorial on jurisdiction and admissibility. |
June 21, 2019 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
August 23, 2019 | The Respondent files a reply on jurisdiction and admissibility. |
September 20, 2019 | The Claimant files a rejoinder on jurisdiction and admissibility. |
September 25, 2019 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 8, 2019 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
January 23, 2020 | The Tribunal holds a hearing on jurisdiction in Paris. |
February 17, 2020 | Each party files a post-hearing brief. |
February 24, 2020 | Each party files a submission on costs. |
October 30, 2020 | The Tribunal issues a decision on jurisdiction; attached to the decision is a dissenting opinion by arbitrator August Reinisch. |
April 16, 2021 | The Claimant files a memorial on the merits. |
September 17, 2021 | The Respondent files a counter-memorial on the merits. |
October 8, 2021 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
December 1, 2021 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
December 9, 2021 | The Respondent files a request for the Tribunal to decide on production of documents. |
December 13, 2021 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
December 20, 2021 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
March 4, 2022 | The Claimant files a reply on the merits. |
April 4, 2022 | The Respondent files a request for the exclusion of evidence. |
April 11, 2022 | The Claimant files observations on the Respondent’s request of April 4, 2022. |
April 19, 2022 | The Tribunal issues Procedural Order No. 7 concerning the exclusion of evidence. |
May 27, 2022 | The Respondent files a rejoinder on the merits. |
June 13, 2022 | The President holds a pre-hearing organizational meeting with the parties by video conference. |
June 15, 2022 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
June 15, 2022 | The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing. |
June 19, 2022 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |
June 28, 2022 - June 30, 2022 | The Tribunal holds a hearing on the merits in Geneva. |
July 25, 2022 | The Tribunal issues Procedural Order No. 11 concerning procedural matters. |
August 10, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
August 24, 2022 | The Claimant files observations on the Respondent’s request of August 10, 2022. |
September 19, 2022 | The Tribunal decides on the Respondent’s request of August 10, 2022. |
October 20, 2022 | The Tribunal issues Procedural Order No. 12 concerning procedural matters. |
December 9, 2022 | The Claimant files post-hearing comments. |
December 13, 2022 | The Respondent files a request for the exclusion of evidence. |
December 19, 2022 | The Claimant files a response to the Respondent’s request of December 13, 2022. |
December 27, 2022 | The Tribunal issues Procedural Order No. 13 concerning the exclusion of evidence. |
February 17, 2023 | The Respondent files a response to the Claimant’s post-hearing comments of December 9, 2022. |
March 10, 2023 | The Claimant files a reply to the Respondent's response of February 17, 2023. |
March 31, 2023 | The Respondent files a rejoinder to the Claimant’s reply of March 10, 2023. |
May 5, 2023 | Each party files a post-hearing brief. |
May 9, 2023 | The Respondent files a request to file an addendum to its post-hearing brief. |
May 18, 2023 | The Claimant files observations on the Respondent’s request of May 9, 2023. |
May 30, 2023 | The Tribunal decides on Respondent’s request of May 9, 2023. |
June 5, 2023 | The Respondent files an addendum to its post-hearing brief. |
June 13, 2023 | The Tribunal issues Procedural Order No. 14 concerning procedural matters. |
June 20, 2023 | The Claimant files observations on the Respondent’s addendum to its post-hearing brief. |
July 4, 2023 | The Respondent files a reply to the Claimant’s observations of June 20, 2023. |
July 11, 2023 | The Claimant files further observations on the Respondent’s reply of July 4, 2023. |
February 15, 2024 | Each party files a submission on costs. |
February 29, 2024 | Each party files observations on the other party’s submission on costs. |
December 19, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
January 3, 2025 | The Tribunal renders its award. |