Case Details

Delta Belarus Holding BV v. Republic of Belarus (ICSID Case No. ARB/18/9)

Subject of Dispute:

Banking enterprise
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Belarus - Netherlands 1995
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Delta Belarus Holding BV (Dutch)
Respondent(s):

Republic of Belarus (Belarussian)
Date Registered:

March 22, 2018
Date of Constitution of Tribunal:

September 14, 2018

Composition of Tribunal

President:

Bernardo M. CREMADES (Spanish) - Appointed by the Parties
Arbitrators:

Barbara DOHMANN (British, German) - Appointed by the Claimant(s)
Wolfgang PETER (Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Joseph Hage Aaronson, London, U.K.
Respondent(s):

White & Case, London, U.K.
Advocate Bureau Goretsky and Partners, Minsk, Belarus
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 3, 2022 - The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

No References Available.

(a) Original Proceeding

Date	Development
March 22, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
July 1, 2018	Following appointment by the Claimant, Barbara Dohmann (British/German) accepts her appointment as arbitrator.
August 15, 2018	Following appointment by the Respondent, Wolfgang Peter (Swiss) accepts his appointment as arbitrator.
September 14, 2018	Following appointment by agreement of the parties, Bernardo M. Cremades (Spanish) accepts his appointment as presiding arbitrator.
September 14, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are Bernardo M. Cremades (Spanish), President, appointed by agreement of the parties; Barbara Dohmann (British/German), appointed by the Claimant; and Wolfgang Peter (Swiss), appointed by the Respondent.
November 7, 2018	The Tribunal holds a first session by telephone conference.
November 21, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 12, 2019	The Claimant files a memorial on the merits.
September 14, 2019	The Respondent files a counter-memorial on the merits.
January 17, 2020	Each party files a request for the Tribunal to decide on production of documents.
March 6, 2020	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 27, 2020	The Claimant files a reply on the merits.
December 7, 2020	The Respondent files a rejoinder on the merits.
January 21, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
January 21, 2021	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
February 1, 2021 - February 9, 2021	The Tribunal holds a hearing on the merits by video conference.
March 15, 2021	The Tribunal holds a continuation of the hearing on the merits by video conference.
April 9, 2021	Each party files a post-hearing brief.
May 21, 2021	Each party files a statement of costs.
May 28, 2021	Each party files a reply statement of costs.
October 6, 2021	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
October 6, 2021	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
April 15, 2022	The Secretary-General moves that the Tribunal discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
June 3, 2022	The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).