Case Details
Elitech B.V. and Razvoj Golf D.O.O. v. Republic of Croatia (ICSID Case No. ARB/17/32)
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Real estate projects
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Tourism
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BIT Croatia - Netherlands 1998
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ICSID Convention - Arbitration Rules
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Razvoj Golf D.O.O. (Croatian), Elitech B.V. (Dutch)
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Republic of Croatia (Croatian)
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September 6, 2017
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December 11, 2017
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Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
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John Y. GOTANDA (U.S.) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
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John Y. GOTANDA (U.S.) - Appointed by the Claimant(s)
Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Respondent(s) -
January 31, 2018: Brigitte STERN (French) appointed following the resignation of Donald M. MCRAE (Canadian ,New Zealand)
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Freshfields Bruckhaus Deringer, Paris, France and Vienna, Austria
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Latham & Watkins, Hamburg, Germany and London, U.K.
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English
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Concluded
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May 23, 2023 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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September 6, 2017 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 2, 2017 | Following appointment by the Claimant, John Y. Gotanda (U.S.) accepts his appointment as arbitrator. |
November 7, 2017 | Following appointment by the Respondent, Donald M. McRae (Canadian/ New Zealand) accepts his appointment as arbitrator. |
December 11, 2017 | Following appointment by agreement of the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator. |
December 11, 2017 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; John Y. Gotanda (U.S.), appointed by the Claimants; and Donald M. McRae (Canadian/New Zealand), appointed by the Respondents. |
December 21, 2017 | Following the resignation of Donald McRae, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
December 21, 2017 | The Tribunal consents to the resignation of arbitrator Donald McRae pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof. |
January 31, 2018 | Following the resignation of arbitrator Donald McRae, Brigitte Stern (French) accepts her appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). |
January 31, 2018 | The Tribunal is reconstituted. Its members are Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; John Y. Gotanda (U.S.), appointed by Claimants; and Brigitte Stern (French), appointed by Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.” |
February 16, 2018 | The Claimants file a proposal for disqualification of arbitrator Brigitte Stern. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
February 26, 2018 | The Respondent files observations on the proposal for disqualification. |
March 8, 2018 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
March 12, 2018 | The Claimants file a response to the Respondent’s observations of February 26, 2018. |
April 23, 2018 | The proposal for disqualification of arbitrator Brigitte Stern is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
June 4, 2018 | The Tribunal holds a first session by telephone conference. |
June 6, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
October 2, 2018 | The Tribunal issues Procedural Order No. 2 concerning procedural calendar. |
October 12, 2018 | The Claimants file a memorial on the merits. |
November 14, 2018 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
November 23, 2018 | Each party files observations on the non-disputing party’s application. |
December 3, 2018 | The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application for file a written submission pursuant to ICSID Arbitration Rule 37(2). |
December 11, 2018 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
February 1, 2019 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 17, 2019 | The Tribunal issues Procedural Order No. 5 concerning the procedural calendar. |
May 28, 2019 | The Respondent files a counter-memorial on the merits. |
June 27, 2019 | Non-disputing parties file an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
July 11, 2019 | Each party files observations on the non-disputing parties’ application. |
August 5, 2019 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
August 20, 2019 | The Tribunal issues Procedural Order No. 7 concerning the non-disputing parties’ application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
September 13, 2019 | The non-disputing parties file a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 2, 2019 | The Tribunal issues Procedural Order No. 8 concerning production of documents. |
November 8, 2019 | The Claimants file a reply on the merits. |
March 10, 2020 | The Respondent files its rejoinder on the merits. |
April 2, 2020 | The Tribunal issues Procedural Order No. 9 concerning the procedural calendar. |
April 20, 2020 | The Claimants file a rejoinder on jurisdiction. |
August 2, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
September 20, 2021 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |
October 4, 2021 - October 8, 2021 | The Tribunal holds a hearing on the merits in Paris. |
October 13, 2021 | The Tribunal issues Procedural Order No. 11 concerning procedural matters. |
December 22, 2021 | Each party files a post-hearing brief. |
January 21, 2022 | Each party files a statement of costs. |
April 12, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
May 23, 2023 | The Tribunal renders its award. |