Case Details

Alexander Nelin v. Republic of Cyprus (ICSID Case No. ARB/18/41)

Subject of Dispute:

Banking enterprise
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Belarus - Cyprus 1998
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Alexander Nelin (Belarussian)
Respondent(s):

Republic of Cyprus (Cypriot)
Date Registered:

November 2, 2018
Date of Constitution of Tribunal:

March 18, 2019

Composition of Tribunal

President:

Jeremy K. SHARPE (U.S.) - Appointed by the Parties
Arbitrators:

William E. BUTLER (British, U.S.) - Appointed by the Claimant(s)
Attila Massimiliano TANZI (Italian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

V.V. VEEDER (British) - Appointed by the Parties
Arbitrators:

William E. BUTLER (British, U.S.) - Appointed by the Claimant(s)
Attila Massimiliano TANZI (Italian) - Appointed by the Respondent(s)
Reconstituted:

April 16, 2020: Jeremy K. SHARPE (U.S.) appointed following the resignation of V.V. VEEDER (British)

Party Representatives

Claimant(s):

British Arbitration Consultants, London, U.K.
Christopher Harris and Mark Wassouf, 3 Verulam Buildings, London, U.K.
Respondent(s):

Attorney General, Nicosia, Republic of Cyprus
Curtis, Mallet-Prevost, Colt and Mosle, New York, NY, U.S.A., Paris, France and London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 1, 2021 -
The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

No References Available.

(a) Original Proceeding

Date	Development
November 2, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
February 11, 2019	Following appointment by the Claimant, William E. Butler (U.S./British) accepts his appointment as arbitrator.
February 14, 2019	Following appointment by the Respondent, Attila Tanzi (Italian) accepts his appointment as arbitrator.
March 14, 2019	Following appointment by agreement of the parties, V. V. Veeder (British) accepts his appointment as presiding arbitrator.
March 18, 2019	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: V. V. Veeder (British), President, appointed by agreement of the parties; William E. Butler (U.S./British), appointed by the Claimant; and Attila M. Tanzi (Italian), appointed by the Respondent.
May 10, 2019	The Tribunal holds a first session by telephone.
May 21, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 10, 2019	The Respondent files a proposal for the disqualification of the Claimant’s counsel.
July 18, 2019	The Claimant files observations on the proposal for disqualification.
July 26, 2019	The Respondent files a response to the Claimant’s observations of July 18, 2019.
August 6, 2019	The Respondent withdraws the proposal for the disqualification of the Claimant’s counsel.
August 9, 2019	The Claimant files a memorial on the merits.
August 23, 2019	The Claimant files observations on the Respondent’s submission of 6 August, 2019.
August 27, 2019	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s proposal of July 10, 2019.
November 1, 2019	The Respondent files a counter-memorial on the merits and on jurisdiction.
December 5, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
January 14, 2020	Following the resignation of arbitrator V. V. Veeder, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
April 15, 2020	Jeremy K. Sharpe (U.S.) accepts his appointment as President of the Tribunal, appointed by agreement of the parties in accordance with ICSID Rule 11(1).
April 16, 2020	The Tribunal is reconstituted. Its members are Jeremy K. Sharpe (U.S.), President, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1); William E. Butler (U.S./British), appointed by the Claimant; and Attila Tanzi (Italian), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rules 12.
April 28, 2020	The proceeding is suspended pursuant to the parties’ agreement.
November 11, 2020	The Tribunal issues Procedural Order No. 4 concerning the suspension of the proceeding.
February 23, 2021	The Tribunal issues Procedural Order No. 5 concerning the suspension of the proceeding.
April 16, 2021	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
April 19, 2021	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
November 1, 2021	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).