Case Details

Addiko Bank AG and Addiko Bank d.d. v. Republic of Croatia (ICSID Case No. ARB/17/37)

Subject of Dispute:

Banking services and debt instruments
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Croatia - Austria 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Addiko Bank d.d. (Croatian), Addiko Bank AG (Austrian)
Respondent(s):

Republic of Croatia (Croatian)
Date Registered:

September 27, 2017
Date of Constitution of Tribunal:

March 19, 2018

Composition of Tribunal

President:

Jean Engelmayer KALICKI (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Miloš OLIK (Czech) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Wilmer Cutler Pickering Hale & Dorr, London, U.K. and Washington, D.C., U.S.A
Respondent(s):

Office of the Attorney General, Zagreb, Croatia
Volterra Fietta, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

April 23, 2021 -
The Tribunal holds a hearing on jurisdiction and the merits by video conference.

No References Available.

(a) Original Proceeding

Date	Development
September 27, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 4, 2018	Following appointment by the Respondent, Miloš Olík (Czech) accepts his appointment as arbitrator.
January 17, 2018	Following appointment by the Claimants, Guido S. Tawil (Argentine) accepts his appointment as arbitrator.
March 17, 2018	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Jean E. Kalicki (U.S.) accepts her appointment as presiding arbitrator.
March 19, 2018	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Jean E. Kalicki (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Guido Tawil (Argentine), appointed by the Claimants; and Miloš Olík (Czech), appointed by the Respondent.
May 7, 2018	The Tribunal holds a first session by telephone conference.
May 18, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 21, 2018	The Claimants file a memorial on the merits.
December 21, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
December 21, 2018	The Respondent files a request to address an objection to jurisdiction as a preliminary question.
January 11, 2019	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
January 11, 2019	Each party files observations on the non-disputing party’s application.
January 21, 2019	The Tribunal issues Procedural Order No. 2 on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2) and the Respondent’s request to address an objection to jurisdiction as a preliminary question; as a result, the objection to jurisdiction is joined to the merits of the dispute.
January 28, 2019	The Claimants file a request for the Tribunal to decide on production of documents.
February 4, 2019	The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents.
February 4, 2019	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
February 13, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
March 22, 2019	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
March 29, 2019	Each party files observations on one of the Respondent’s jurisdictional objections.
May 8, 2019	Each party files a request for the Tribunal to decide on production of documents.
May 23, 2019	The Tribunal issues Procedural Order No. 4 concerning production of documents.
June 7, 2019	Each party files a response to the other party’s observations of March 29, 2019.
July 30, 2019	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
August 2, 2019	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
August 9, 2019	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
August 20, 2019 - August 21, 2019	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
August 26, 2019	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
September 7, 2019	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
October 1, 2019	The Claimants present an ancillary claim.
October 7, 2019	The Respondent files observations on the ancillary claim.
October 15, 2019	The Claimants files a response to the Respondent’s observations of October 7, 2019.
October 18, 2019	Each party files a post-hearing brief.
October 24, 2019	The Respondent files further observations on the Claimants’ response of October 15, 2019.
November 4, 2019	The Tribunal issues Procedural Order No. 8 concerning its decision on the ancillary claim.
November 22, 2019	Each party files a reply post-hearing brief.
November 25, 2019	The Tribunal issues Procedural Order No. 9 concerning production of documents.
November 27, 2019	The Claimants file a supplement to the reply on the merits on the ancillary claim.
December 16, 2019	The Tribunal issues Procedural Order No. 10 concerning production of documents.
December 20, 2019	The Tribunal issues Procedural Order No. 11 concerning production of documents.
December 20, 2019	Each party files a submission on costs.
December 30, 2019	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
February 22, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
March 9, 2020	The Tribunal issues Procedural Order No. 13 concerning production of documents.
April 3, 2020	Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
April 9, 2020	The Claimants file a response to the Respondent’s observations of April 9, 2020.
April 9, 2020	The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents.
April 16, 2020	The Respondent files further observations on the request for of April 3, 2020.
April 19, 2020	The Claimants file a response to the Respondent’s further observations of April 16, 2020.
April 23, 2020	The Tribunal issues Procedural Order No. 14 concerning the procedural calendar.
April 28, 2020	The Claimants file a rejoinder on jurisdiction.
May 1, 2020	The Tribunal issues Procedural Order No. 15 concerning production of documents.
June 12, 2020	The Tribunal issues a decision on an objection to jurisdiction.
January 27, 2021	The Tribunal issues Procedural Order No. 16 concerning the hearing.
February 1, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
February 3, 2021	The Tribunal issues Procedural Order No. 17 concerning the organization of the hearing.
March 1, 2021 - March 12, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
April 23, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.