Case Details

Kornikom EOOD v. Republic of Serbia (ICSID Case No. ARB/19/12)

Subject of Dispute:

Termination of privatization agreement
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Bulgaria - Yugoslavia, Federal Republic of 1996
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Kornikom EOOD (Bulgarian)
Respondent(s):

Republic of Serbia (Serbian)
Date Registered:

April 30, 2019
Date of Constitution of Tribunal:

October 29, 2019

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by Co-Arbitrators
Arbitrators:

J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, London, U.K.
Respondent(s):

Williams & Connolly, Washington D.C., U.S.A.
Law Office Andelkovic, Belgrade, Serbia
State Attorney of the Republic of Serbia, Belgrade, Serbia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 20, 2023 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
April 30, 2019	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 31, 2019	Following appointment by the Claimant, J. William Rowley (Canadian/British) accepts his appointment as arbitrator.
September 8, 2019	Following appointment by the Respondent, Pierre Mayer (French) accepts his appointment as arbitrator.
October 29, 2019	Following appointment by his co-arbitrators, Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator.
October 29, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by his co-arbitrators; J. William Rowley (Canadian/British), appointed by the Claimant; and Pierre Mayer (French), appointed by the Respondent.
December 11, 2019	The Tribunal holds a first session by telephone conference.
December 13, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 16, 2020	The Tribunal issues Procedural Order No. 2 concerning procedural issues and the procedural calendar.
July 1, 2020	The Claimant files a memorial on the merits.
July 15, 2020	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
August 10, 2020	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
August 24, 2020	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
September 1, 2020	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
October 23, 2020	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
January 27, 2021	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 24, 2021	The Tribunal issues Procedural Order No. 5 concerning production of documents.
October 15, 2021	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
March 11, 2022	The Respondent files a rejoinder on the merits and reply on jurisdiction.
May 4, 2022	The Claimant files a rejoinder on jurisdiction.
May 12, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
June 11, 2022	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
June 13, 2022 - June 17, 2022	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
September 14, 2022	Each party files a post-hearing brief.
September 30, 2022	Each party files a statement of costs.
September 20, 2023	The Tribunal renders its award.