Case Details

Artem Skubenko and others v. Republic of North Macedonia (ICSID Case No. ARB/19/9)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Ukraine - North Macedonia 1998
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Artem Skubenko (Ukrainian), Valentyn Drozdenko (Ukrainian), Anatoliy Semynoga (Ukrainian), Igor Pereverzev (Ukrainian), Artem Kadomskyi (Ukrainian), Igor Kompanets (Ukrainian), Sergii Nadiezhdin (Ukrainian), Volodymyr Skubenko (Ukrainian)
Respondent(s):

Republic of North Macedonia (Macedonian)
Date Registered:

April 25, 2019
Date of Constitution of Tribunal:

September 12, 2019

Composition of Tribunal

President:

Ali MALEK (British, Iranian) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Jan PAULSSON (French, Swedish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Omnia Strategy, London, U.K.
Mergul Law, London, U.K.
Lucas Bastin, London, U.K.
Matthieu Grégoire, London, U.K.
Respondent(s):

White & Case, New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

February 7, 2024 - Each party files observations on the other party’s submission on costs.

No References Available.

(a) Original Proceeding

Date	Development
April 25, 2019	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 14, 2019	Following appointment by the Claimants, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
July 15, 2019	Following appointment by the Respondent, Jan Paulsson (French/Swedish) accepts his appointment as arbitrator.
September 12, 2019	Following appointment by agreement of the parties, Ali Malek (British/Iranian) accepts his appointment as presiding arbitrator.
September 12, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ali Malek (British/Iranian), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by Claimants; and Jan Paulsson (French/Swedish), appointed by Respondent.
November 1, 2019	The Tribunal holds a first session by telephone conference.
November 5, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 23, 2020	The Respondent files a request for disqualification of counsel.
January 31, 2020	The Claimants file observations on the request for disqualification of counsel.
February 7, 2020	The Respondent files a reply to Claimants’ observations on the request for disqualification of counsel.
February 14, 2020	The Claimants file observations on the Respondent’s reply of February 7, 2020.
February 21, 2020	The Tribunal issues a decision on the Respondent’s request for disqualification of counsel.
March 20, 2020	The Claimants file a memorial on the merits.
May 8, 2020	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
June 19, 2020	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
July 3, 2020	The Respondent files further observations on the request to address the objections to jurisdiction as a preliminary question.
August 12, 2020	The Tribunal issues a Decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
January 11, 2021	The Respondent files a Memorial on Jurisdiction and Counter-Memorial on the Merits.
March 31, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
April 20, 2021	The Tribunal issues Procedural Order No. 2 concerning production of documents.
October 1, 2021	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
December 8, 2021	The Tribunal issues Procedural Order No. 3 concerning the disclosure of documents.
March 11, 2022	The Respondent files a Rejoinder on the Merits and Reply on Jurisdiction.
December 8, 2022	The Claimants file a rejoinder on jurisdiction.
June 9, 2023	The President holds a pre-hearing organizational meeting with the parties by video conference.
June 14, 2023	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
September 5, 2023	The Claimants file a request for provisional measures.
September 11, 2023	The Respondent files observations on the Claimants’ request for provisional measures.
September 12, 2023	The Claimants file a response to the Respondent’s observations of September 11, 2023.
September 13, 2023	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
September 18, 2023	The Respondent files a request for reconsideration of Procedural Order No. 5 dated September 13, 2023.
September 22, 2023	The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request for reconsideration of Procedural Order No. 5.
September 22, 2023	The Tribunal issues Procedural Order No. 6 concerning the Claimants’ application for provisional measures.
October 2, 2023 - October 13, 2023	The Tribunal holds a hearing on jurisdiction and the merits in London.
November 3, 2023	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
November 10, 2023	The Respondent files observations on the Claimants’ request of November 3, 2023.
November 13, 2023	The Claimants file a response to the Respondent’s observations of November 10, 2023.
November 21, 2023	The Tribunal issues Procedural Order No. 8 concerning the admissibility of new evidence.
November 27, 2023	Each party files a post-hearing brief.
January 17, 2024	Each party files a submission on costs.
February 7, 2024	Each party files observations on the other party’s submission on costs.