Case Details
Marko Mihaljevic v. Republic of Croatia (ICSID Case No. ARB/19/35)
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Real estate and land development
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Construction
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BIT Croatia - Germany 1997
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ICSID Convention - Arbitration Rules
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Marko Mihaljevic (German)
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Republic of Croatia (Croatian)
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December 31, 2019
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May 15, 2020
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Cavinder BULL (Singaporean) - Appointed by the Parties
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Mark A. KANTOR (U.S.) - Appointed by the Claimant(s)
Maria VICIEN-MILBURN (Argentine, Spanish) - Appointed by the Respondent(s) -
Stephen L. DRYMER (Canadian) - Appointed by the Parties
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Mark A. KANTOR (U.S.) - Appointed by the Claimant(s)
Maria VICIEN-MILBURN (Argentine, Spanish) - Appointed by the Respondent(s) -
June 22, 2020: Cavinder BULL (Singaporean) appointed following the resignation of Stephen L. DRYMER (Canadian)
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Alston & Bird, New York, NY, U.S.A.
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Squire Patton Boggs (US), New York, NY, U.S.A.
President of the Republic of Croatia, Zagreb, Republic of Croatia
Office of the State Attorney, Zagreb, Republic of Croatia -
English
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Concluded
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May 19, 2023 - The Tribunal renders its award; attached to the award is a concurring opinion by arbitrator Maria Vicien-Milburn.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Award of the Tribunal (English;)
Concurring Opinion of Ms. Maria Vicien-Milburn (English;)
(a) Original Proceeding
Date | Development |
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December 31, 2019 | The Secretary-General registers a request for the institution of arbitration proceedings. |
March 2, 2020 | Following appointment by the Claimant, Mark Kantor (U.S.) accepts his appointment as arbitrator. |
April 13, 2020 | Following appointment by the Respondent, Maria Vicien-Milburn (Argentine/Spanish) accepts her appointment as arbitrator. |
May 15, 2020 | Following appointment by agreement of the parties, Stephen Drymer (Canadian) accepts his appointment as presiding arbitrator. |
May 15, 2020 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Stephen Drymer (Canadian), President, appointed by agreement of the parties; Mark Kantor (U.S.), appointed by the Claimant; and Maria Vicien-Milburn (Argentine/Spanish), appointed by the Respondent. |
June 2, 2020 | Following the resignation of arbitrator Stephen Drymer, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
June 22, 2020 | Following the resignation of arbitrator Stephen Drymer, Cavinder Bull (Singaporean) accepts his appointment as arbitrator, appointed by agreement of the parties. |
June 22, 2020 | The Tribunal is reconstituted. Its members are: Cavinder Bull (Singaporean), President, appointed by agreement of the parties; Mark Kantor (U.S.), appointed by the Claimant; and Maria Vicien-Milburn (Argentine/Spanish), appointed by the Respondent. |
July 2, 2020 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
July 23, 2020 | The Tribunal holds a first session by video conference. |
July 24, 2020 | The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
July 28, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
August 11, 2020 | The Respondent files a reply on its preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
August 29, 2020 | The Claimant files a rejoinder on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
October 1, 2020 | The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing. |
October 28, 2020 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
November 11, 2020 - November 13, 2020 | The Tribunal holds a hearing on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) by video conference. |
November 19, 2020 | The Tribunal poses questions to the parties. |
December 8, 2020 | Each party files answers to the questions posed by the Tribunal on November 19, 2020. |
January 6, 2021 | Each party files a reply to the other party’s answers of December 8, 2020. |
June 23, 2021 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
July 21, 2021 | Each party files a submission on the issue of addressing the objections to jurisdiction as a preliminary question. |
July 28, 2021 | The Tribunal issues Procedural Order No. 4 concerning the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
November 19, 2021 | The Respondent files a memorial on jurisdiction. |
February 25, 2022 | The Claimant files a counter-memorial on jurisdiction. |
March 25, 2022 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
April 6, 2022 | The Tribunal issues a decision on production of documents. |
May 6, 2022 | The Respondent files a request for the Tribunal to compel production of documents. |
May 16, 2022 | The Claimant files observations on the Respondent’s request for the Tribunal to compel production of documents. |
June 27, 2022 | The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request for the Tribunal to compel production of documents. |
July 5, 2022 | The Respondent files a reply on jurisdiction. |
August 15, 2022 | The Claimant files a rejoinder on jurisdiction. |
September 7, 2022 | The President holds a pre-hearing organizational meeting with the parties by video conference. |
September 15, 2022 | The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
November 14, 2022 - November 15, 2022 | The Tribunal holds a hearing on jurisdiction in Washington, D.C. |
December 21, 2022 | Each party files a post-hearing brief. |
January 10, 2023 | Each party files a submission on costs. |
May 19, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
May 19, 2023 | The Tribunal renders its award; attached to the award is a concurring opinion by arbitrator Maria Vicien-Milburn. |