Case Details

Mabco Constructions SA v. Republic of Kosovo (ICSID Case No. ARB/17/25)

Subject of Dispute:

Acquisition of shares
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Kosovo, Republic of - Switzerland 2011 - Investment Law - Kosovo (2014)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Mabco Constructions SA (Swiss)
Respondent(s):

Republic of Kosovo (Kosovar)
Date Registered:

July 21, 2017
Date of Constitution of Tribunal:

November 20, 2017

Composition of Tribunal

President:

George BERMANN (U.S.) - Appointed by Co-Arbitrators
Arbitrators:

Gianrocco FERRARO (Italian) - Appointed by the Claimant(s)
August REINISCH (Austrian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Bratschi, Zurich, Switzerland
Larson, Los Angeles, CA, U.S.A.
Respondent(s):

WAGNER Arbitration, Berlin, Germany
Ministry of Justice, Pristina, Kosovo
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

May 5, 2023 - Each party files a post-hearing brief.

No References Available.

(a) Original Proceeding

Date	Development
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.