Case Details
Mabco Constructions SA v. Republic of Kosovo (ICSID Case No. ARB/17/25)
-
Acquisition of shares
-
Tourism
-
BIT Kosovo, Republic of - Switzerland 2011 - Investment Law - Kosovo (2014)
-
ICSID Convention - Arbitration Rules
-
Mabco Constructions SA (Swiss)
-
Republic of Kosovo (Kosovar)
-
July 21, 2017
-
November 20, 2017
-
George BERMANN (U.S.) - Appointed by Co-Arbitrators
-
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
-
Concluded
-
January 3, 2025 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
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. |
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. |