Case Details

Rand Investments Ltd. and others v. Republic of Serbia (ICSID Case No. ARB/18/8)

Subject of Dispute:

Agricultural enterprise
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT Canada - Serbia 2014, BIT Serbia - Cyprus 2005
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Rand Investments Ltd. (Canadian), Sembi Investment Limited (Cypriot), William Archibald Rand (Canadian), Kathleen Elizabeth Rand (Canadian), Allison Ruth Rand (Canadian), Robert Harry Leander Rand (Canadian)
Respondent(s):

Republic of Serbia (Serbian)
Date Registered:

March 22, 2018
Date of Constitution of Tribunal:

October 2, 2018

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Secretary-General
Arbitrators:

Baiju S. VASANI (British, U.S.) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Squire Patton Boggs s.r.o., advokátní kancelár, Prague, Czech Republic
Stankovic & Partners, Belgrade, Republic of Serbia
Respondent(s):

Office of the State Attorney, Belgrade, Serbia
Senka Mihaj, Belgrade, Serbia
Vladimir Djeric, Belgrade, Serbia
Petar Djundic, Belgrade, Serbia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 29, 2023 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Marcelo G. Kohen.

(b) Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

August 18, 2023 (Claimant(s))

Party Representatives

Claimant(s):

Squire Patton Boggs, Prague, Czech Republic and New York, NY, U.S.A.
Stankovic & Partners, Belgrade, Republic of Serbia
Respondent(s):

Office of the State Attorney, Belgrade, Serbia
Senka Mihaj, Belgrade, Serbia
Vladimir Djeric, Belgrade, Serbia
Petar Djundic, Belgrade, Serbia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 27, 2023 - The Tribunal issues its decision on the Claimants’ request for a supplementary decision.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

March 1, 2024
Date of Constitution of ad hoc Committee:

May 9, 2024

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Lawrence BOO (Singaporean)
Members:

Claudia ANNACKER (Austrian)
Colm Ó HOISÍN (Irish)

Party Representatives

Claimant(s):

Squire Patton Boggs, Prague, Czech Republic, Washington, D.C. and New York, NY, U.S.A.
Stankovic & Partners, Belgrade, Serbia
Respondent(s):

Office of the State Attorney, Belgrade, Serbia
Senka Mihaj, Belgrade, Serbia
Vladimir Djeric, Belgrade, Serbia
Petar Djundic, Belgrade, Serbia
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 1, 2024 - The Republic of Serbia files a counter-memorial on annulment.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Revised Annex A to Procedural Order No. 1

Claimants’ Memorial

Procedural Order No. 2

Respondent’s Counter-Memorial with Request for Bifurcation

Claimants’ Reply to Request for Bifurcation

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Claimants’ Reply

Procedural Order No. 6

Respondent’s Rejoinder

Claimants’ Rejoinder on Jurisdiction

Claimants’ Consolidated List of Documents

Respondent’s Submission on Quantum

Respondent’s Consolidated List of Documents

Procedural Order No. 7

Procedural Order No. 8

Hearing on Provisional Measures - Video (February 16, 2021)

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Amended Annex A to Procedural Order No. 11

Procedural Order No. 12

Hearing on Jurisdiction, Liability and Quantum - Day 1 (July 12, 2021)

Hearing on Jurisdiction, Liability and Quantum - Day 2 (July 13, 2021)

Hearing on Jurisdiction, Liability and Quantum - Day 3 (July 14, 2021)

Hearing on Jurisdiction, Liability and Quantum - Day 4 (July 15, 2021)

Hearing on Jurisdiction, Liability and Quantum - Day 5 (July 16, 2021)

Hearing on Jurisdiction, Liability and Quantum - Day 6 (July 17, 2021)

Hearing on Jurisdiction, Liability and Quantum - Day 7 (July 19, 2021)

Hearing on Jurisdiction, Liability and Quantum - Day 8 (July 20, 2021)

Hearing Transcripts

Claimants’ First Post-Hearing Brief

Claimants’ Consolidated List of Documents

Respondent’s First Post-Hearing Brief

Claimants’ Reply Post-Hearing Brief

Respondent’s Reply Post-Hearing Brief

REDACTED Respondent’s Statement of Costs

REDACTED Claimants’ Statement of Costs

REDACTED Award

Available on the ICSID Website

Request for Arbitration (February 9, 2018) English (Original)

Procedural Order No. 1 (November 29, 2018) English (Original)

Revised Annex A to Procedural Order No. 1 (December 19, 2018) English (Original)

Claimants’ Memorial (January 16, 2019) English (Original)

Procedural Order No. 2 (February 12, 2019) English (Original)

Respondent’s Counter-Memorial with Request for Bifurcation (April 19, 2019) English (Original)

Claimants’ Reply to Request for Bifurcation (May 19, 2019) English (Original)

Procedural Order No. 3 (June 24, 2019) English (Original)

Procedural Order No. 4 (August 7, 2019) English (Original)

Procedural Order No. 5 (August 29, 2019) English (Original)

Claimants’ Reply (October 4, 2019) English (Original)

Procedural Order No. 6 (January 13, 2020) English (Original)

Respondent’s Rejoinder (January 24, 2020) English (Original)

Claimants’ Rejoinder on Jurisdiction (March 6, 2020) English (Original)

Claimants’ Consolidated List of Documents (March 6, 2020) English (Original)

Respondent’s Submission on Quantum (March 16, 2020) English (Original)

Respondent’s Consolidated List of Documents (March 16, 2020) English (Original)

Procedural Order No. 7 (April 20, 2020) English (Original)

Procedural Order No. 8 (November 3, 2020) English (Original)

Procedural Order No. 9 (March 12, 2021) English (Original)

Procedural Order No. 10 (May 21, 2021) English (Original)

Procedural Order No. 11 (July 1, 2021) English (Original)

Amended Annex A to Procedural Order No. 11 (July 1, 2021) English (Original)

Procedural Order No. 12 (July 30, 2021) English (Original)

Hearing Transcripts (July 12, 2021) English (Original)

Claimants’ First Post-Hearing Brief (September 27, 2021) English (Original)

Claimants’ Consolidated List of Documents (September 27, 2021) English (Original)

Respondent’s First Post-Hearing Brief (September 27, 2021) English (Original)

Claimants’ Reply Post-Hearing Brief (October 22, 2021) English (Original)

Respondent’s Reply Post-Hearing Brief (October 22, 2021) English (Original)

REDACTED Respondent’s Statement of Costs (November 12, 2021) English (Original)

REDACTED Claimants’ Statement of Costs (November 15, 2021) English (Original)

REDACTED Award (June 29, 2023) English (Original)

(b) Supplementary Decision Proceeding

Published Decisions

Decision on the Claimants’ Request for a Supplementary Decision on the Award

Available on the ICSID Website

Decision on the Claimants’ Request for a Supplementary Decision on the Award (October 27, 2023) English (Original)

(c) Annulment Proceeding

Published Decisions

Application for Partial Annulment

Partial Withdrawal of the Request for Annulment

Order of the Committee taking note of the Discontinuance of the Proceeding

Procedural Order No. 1

Memorial on Annulment

Counter-Memorial on Annulment

Available on the ICSID Website

Application for Partial Annulment (February 24, 2024) English (Original)

Partial Withdrawal of the Request for Annulment (June 14, 2024) English (Original)

Order of the Committee taking note of the Discontinuance of the Proceeding (July 3, 2024) English (Original)

Procedural Order No. 1 (July 10, 2024) English (Original)

Memorial on Annulment (July 19, 2024) English (Original)

Counter-Memorial on Annulment (November 1, 2024) English (Original)

(a) Original Proceeding

Date	Development
March 22, 2018	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
May 16, 2018	Following appointment by the Claimants, Baiju S. Vasani (British/U.S.) accepts his appointment as arbitrator.
May 17, 2018	Following appointment by the Respondent, Marcelo Kohen (Argentine) accepts his appointment as arbitrator.
October 2, 2018	Following appointment by the Secretary-General pursuant to the parties’ agreement, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
October 2, 2018	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 the Secretary-General pursuant to the parties’ agreement; Baiju Vasani (British/American), appointed by the Claimants; and Marcelo Kohen (Argentine), appointed by the Respondent.
November 23, 2018	The Tribunal holds a first session by telephone conference.
November 29, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 17, 2019	The Claimants file a memorial on the merits.
February 12, 2019	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
April 19, 2019	The Respondent files a counter-memorial on the merits and memorial on jurisdiction, including a request to address the objections to jurisdiction as a preliminary question.
May 17, 2019	The Claimants file a reply on the request to address the objections to jurisdiction as a preliminary question.
June 24, 2019	The Tribunal issues Procedural Order No. 3 concerning 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.
July 26, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
August 7, 2019	The Tribunal issues Procedural Order No. 4 concerning production of documents.
August 29, 2019	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
October 4, 2019	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
January 13, 2020	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
January 24, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
March 6, 2020	The Claimants file a rejoinder on jurisdiction.
March 16, 2020	The Respondent files an additional submission on quantum.
April 20, 2020	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
November 3, 2020	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
January 15, 2021	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
January 15, 2021	The Claimants file a request for provisional measures.
February 5, 2021	The Respondent files observations on the Claimants’ request of January 15, 2021.
February 5, 2021	The Respondent files observations on the Claimants’ request for provisional measures.
February 16, 2021	The Tribunal holds a hearing on provisional measures by video conference.
March 12, 2021	The Tribunal issues Procedural Order No. 9 concerning provisional measures and the admissibility of new evidence.
May 21, 2021	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
June 22, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
July 1, 2021	The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.
July 12, 2021 - July 20, 2021	The Tribunal holds a hearing on jurisdiction, liability and quantum in The Hague.
July 30, 2021	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
September 27, 2021	Each party files a post-hearing brief.
October 22, 2021	Each party files a reply post-hearing brief.
November 12, 2021	Each party files a statement of costs.
June 2, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 29, 2023	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Marcelo G. Kohen.

(b) Supplementary Decision Proceeding

Date	Development
August 18, 2023	The Acting Secretary-General registers a request for supplementary decision on the award filed by the Claimants.
August 31, 2023	The Respondent files observations on the Claimants’ request for supplementary decision.
September 14, 2023	The Claimants file a reply to the Respondent’s observations of August 31, 2023.
September 24, 2023	The Respondent files a rejoinder on the Claimants’ reply of September 14, 2023.
October 16, 2023	Each party files a statement of costs.
October 17, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 46 and 49(4).
October 27, 2023	The Tribunal issues its decision on the Claimants’ request for a supplementary decision.

(c) Annulment Proceeding

Date	Development
March 1, 2024	The Secretary-General registers an application for partial annulment of the award filed by Rand Investments Ltd. and others.
May 9, 2024	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lawrence Boo (Singaporean), President; Claudia Annacker (Austrian); and Colm Ó hOisín (Irish); all members appointed by the Chairman of the Administrative Council.
June 14, 2024	Rand Investments Ltd., Kathleen Elizabeth Rand, Allison Ruth Rand, Robert Harry Leander Rand, and Sembi Investment Limited file a request for the partial discontinuance of the proceeding.
June 20, 2024	The ad hoc Committee holds a first session by video conference.
June 20, 2024	The Republic of Serbia informs that it does not object to the request for the partial discontinuance of the proceeding.
July 3, 2024	The ad hoc Committee issues an order taking note of the discontinuance of the proceedings with respect to Rand Investments Ltd., Kathleen Elizabeth Rand, Allison Ruth Rand, Robert Harry Leander Rand and Sembi Investment Limited, pursuant to ICSID Convention Article 44 and ICSID Arbitration Rule 44.
July 10, 2024	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
July 19, 2024	William Archibald Rand files a memorial on annulment.
November 1, 2024	The Republic of Serbia files a counter-memorial on annulment.