Case Details

Addiko Bank AG v. Montenegro (ICSID Case No. ARB/17/35)

Subject of Dispute:

Banking services and debt instruments
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Yugoslavia, Federal Republic of - Austria 2001
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Addiko Bank AG (Austrian)
Respondent(s):

Montenegro (Montenegrin)
Date Registered:

September 19, 2017
Date of Constitution of Tribunal:

May 7, 2018

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by Co-Arbitrators
Arbitrators:

Pierre-Yves TSCHANZ (Irish, Swiss) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Specht & Partner Rechtsanwalt GmbH, Vienna, Austria
Respondent(s):

Omnia Strategy, London, U.K.
Ministry of Finance, Podgorica, Montenegro
Angeline Welsh, Essex Court Chambers, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 24, 2021 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Excerpts of Award

Available on the ICSID Website

Excerpts of Award (November 24, 2021) English (Original)

(a) Original Proceeding

Date	Development
September 19, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
January 8, 2018	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
January 19, 2018	Following appointment by the Claimant, Pierre-Yves Tschanz (Swiss/ Irish) accepts his appointment as arbitrator.
May 7, 2018	Following appointment by the co-arbitrators, Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator.
May 7, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by his co-arbitrators; Pierre-Yves Tschanz (Swiss/Irish), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
July 2, 2018	The Tribunal holds a first session by telephone conference.
July 6, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 7, 2018	The Claimant files a memorial on the merits.
February 1, 2019	The Respondent files a counter-memorial on the merits and a memorial on preliminary objections.
March 15, 2019	Each party files a request for the Tribunal to decide on production of documents.
April 3, 2019	The Tribunal issues Procedural Order No. 2 concerning production of documents.
May 27, 2019	The Claimant files a reply on the merits and a counter-memorial on preliminary objections.
June 10, 2019	The Respondent files a request for the Tribunal to decide on production of documents.
July 18, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
October 7, 2019	The Respondent files a rejoinder on the merits.
October 16, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
October 17, 2019	The Respondent files observations on the Claimant’s request of October 16, 2019.
October 20, 2019	The Tribunal poses questions to the Claimant concerning its request of October 16, 2019.
October 22, 2019	The Claimant files answers to the questions posed by the Tribunal on October 20, 2019.
October 24, 2019	The Respondent files further observations on the Claimant’s request of October 16, 2019.
October 27, 2019	The Claimant files a response to the Respondent’s further observations of October 24, 2019.
October 28, 2019	The Respondent files further observations on the Claimant’s response of October 27, 2019.
November 4, 2019	The Tribunal issues Procedural Order No. 4 concerning the Claimant’s request of October 16, 2019.
November 7, 2019	The Claimant files a rejoinder on preliminary objections.
November 13, 2019	The Respondent files a request for the exclusion of evidence.
November 14, 2019	The Claimant files observations on the Respondent’s request of November 13, 2019.
November 15, 2019	The Respondent files a response to the Claimant’s observations of November 14, 2019.
November 18, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
November 18, 2019	The Claimant files further observations on the request for of November 13, 2019.
November 19, 2019	The Tribunal issues Procedural Order No. 5 concerning the exclusion of evidence.
November 21, 2019	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
December 16, 2019 - December 19, 2019	The Tribunal holds a hearing on the merits in Paris.
March 12, 2020	The Tribunal issues Procedural Order No. 7 concerning post-hearing matters.
April 17, 2020	Each party files a post-hearing brief.
April 24, 2020	Each party files a submission on costs.
September 30, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 24, 2021	The Tribunal renders its award.