Case Details

Eugene Kazmin v. Republic of Latvia (ICSID Case No. ARB/17/5)

Subject of Dispute:

Acquisition of metallurgical plant
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Latvia - Ukraine 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Eugene Kazmin (Ukrainian)
Respondent(s):

Republic of Latvia (Latvian)
Date Registered:

February 3, 2017
Date of Constitution of Tribunal:

July 28, 2017

Composition of Tribunal

President:

Vera VAN HOUTTE (Belgian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Mark A. KANTOR (U.S.) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Lamwell Law Firm, Kyiv, Ukraine
Respondent(s):

Lalive, Geneva, Switzerland
Legal Department, State Chancellery, Riga, Republic of Latvia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 24, 2021 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 6 (English;)

Decision on the Proposal to Disqualify All Members of the Tribunal (English;)

(a) Original Proceeding

Date	Development
February 3, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
April 12, 2017	Following appointment by the Claimant, Mark Kantor (U.S.) accepts his appointment as arbitrator. Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator.
June 19, 2017	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
July 28, 2017	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Vera Van Houtte (Belgian) accepts her appointment as presiding arbitrator.
July 28, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Vera Van Houtte (Belgian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Mark Kantor (U.S.), appointed by Claimant; and Rolf Knieper (German), appointed by Respondent.
October 31, 2017	The Tribunal holds a first session in Paris.
November 1, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 4, 2018	The Claimant files a memorial on the merits.
November 9, 2018	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
March 12, 2019	The Tribunal issues Procedural Order No. 2 concerning production of documents.
April 18, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 15, 2019	The Tribunal issues Procedural Order No. 4 concerning production of documents.
July 19, 2019	The Tribunal issues Procedural Order No. 5 concerning production of documents.
September 19, 2019	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
January 17, 2020	The Respondent files an application for security for costs.
February 14, 2020	The Claimant files observations on the Respondent’s request for security for costs.
February 27, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
March 5, 2020	The Respondent files a response to the Claimant’s observations of February 14, 2020.
March 20, 2020	The Claimant files further observations on the Respondent’s request for security for costs.
April 13, 2020	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request for security for costs.
April 20, 2020	The Tribunal decides on procedural matters.
April 27, 2020	The Claimant files a rejoinder on jurisdiction.
May 6, 2020	The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request for the suspension of the proceeding. The proceeding is suspended pursuant to Article 44 of the ICSID Convention.
July 30, 2020	The Claimant files a proposal for disqualification of arbitrators Vera Van Houtte, Mark A. Kantor, and Rolf Knieper.
August 28, 2020	The Respondent files observations on the proposal for disqualification.
September 3, 2020	The Tribunal furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
September 9, 2020	The Respondent files further observations on the proposal for disqualification.
September 11, 2020	The Claimant files further observations on the proposal for disqualification.
October 14, 2020	The proposal for disqualification of Vera Van Houtte, Mark Kantor and Rolf Knieper is declined by the Chair of the Administrative Council.
December 10, 2020	The Respondent files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
December 23, 2020	The Claimant provides comments on the Respondent’s request for the discontinuance of the proceeding.
March 15, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 24, 2021	The Tribunal renders its award.