Case Details

BRIF TRES d.o.o. Beograd and BRIF-TC d.o.o. Beograd v. Republic of Serbia (ICSID Case No. ARB/20/12)

Subject of Dispute:

Construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Belgium-Luxembourg - Serbia 2004
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

BRIF TRES d.o.o. Beograd (Serbian), BRIF-TC d.o.o. Beograd (Serbian)
Respondent(s):

Republic of Serbia (Serbian)
Date Registered:

April 27, 2020
Date of Constitution of Tribunal:

October 26, 2020

Composition of Tribunal

President:

Yves DERAINS (French) - Appointed by Co-Arbitrators
Arbitrators:

Samaa HARIDI (Egyptian, U.S.) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

CAS, Luxembourg, Luxembourg
Stankovic & Partners, Belgrade, Serbia
Bredin Prat, Paris, France
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 30, 2023 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

June 2, 2023
Date of Constitution of ad hoc Committee:

July 5, 2023

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

President:

Mónica PINTO (Argentine)
Members:

Yoshimi OHARA (Japanese)
Jakob RAGNWALDH (Swedish)

Party Representatives

Claimant(s):

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

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 22, 2023 - The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 16(2)(c).

(a) Original Proceeding

Published Decisions

Award (Excerpts)

Available on the ICSID Website

Award (Excerpts) (January 30, 2023) English (Original)

(a) Original Proceeding

Date	Development
April 27, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
July 15, 2020	Following appointment by the Claimants, Samaa Haridi (U.S./Egyptian) accepts her appointment as arbitrator.
August 10, 2020	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
October 26, 2020	Following appointment by his co-arbitrators in consultation with the Parties, Yves Derains (French) accepts his appointment as presiding arbitrator.
October 26, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Yves Derains (French), President, appointed by his co-arbitrators in consultation with the Parties; Samaa Haridi (U.S./Egyptian), appointed by Claimants; and Brigitte Stern (French), appointed by Respondent.
December 21, 2020	The Tribunal holds a first session by videoconference.
December 22, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 26, 2021	The Claimants file a request for provisional measures.
January 26, 2021	The Respondent files observations on the Claimants’ request for provisional measures.
January 26, 2021	The Tribunal issues Procedural Order No. 2 concerning the Claimants’ request for provisional measures.
February 5, 2021	The Claimants file a request for provisional measures.
February 8, 2021	The Respondent files observations on the Claimants’ request for provisional measures.
February 9, 2021	The Tribunal issues Procedural Order No. 3 concerning the Claimants’ request for provisional measures.
February 15, 2021	The Respondent files further observations on the Claimants’ request for provisional measures.
February 22, 2021	The Claimants file a reply on provisional measures.
March 1, 2021	The Claimants file observations on the representation of BRIF-TC.
March 1, 2021	The Respondent files a rejoinder on provisional measures, including observations on the representation of BRIF-TC.
March 1, 2021	The Tribunal issues Procedural Order No. 4 concerning hearing organization.
March 4, 2021	The Claimants file further observations on the representation of BRIF-TC.
March 8, 2021	The Respondent files further observations on the representation of BRIF-TC.
March 10, 2021	The Tribunal holds a hearing on provisional measures by video conference.
March 23, 2021	The Tribunal issues a decision on the representation of BRIF-TC.
September 16, 2021	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
November 1, 2021	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
November 16, 2021	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
November 24, 2021	The Tribunal holds a hearing by video conference on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
December 1, 2021	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
December 13, 2021	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
January 24, 2022	The Tribunal issues a decision on production of documents.
February 25, 2022	The Tribunal issues Procedural Order No. 8 on production of documents.
March 25, 2022	The Respondent files a memorial on jurisdiction.
May 20, 2022	The Claimants file a counter-memorial on jurisdiction.
August 16, 2022	The President holds a pre-hearing organizational meeting with the parties by video conference.
August 17, 2022	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
September 2, 2022	The Tribunal holds a hearing on jurisdiction in Paris.
December 7, 2022	Each party files a submission on costs.
December 14, 2022	Each party files observations on the other party’s submission on costs.
January 30, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 30, 2023	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Samaa Haridi.

(b) Annulment Proceeding

Date	Development
June 2, 2023	The Secretary-General registers an application for annulment of the award filed by BRIF TRES d.o.o. Beograd and BRIF-TC d.o.o. Beograd and notifies the parties of the provisional stay of enforcement of the award.
July 5, 2023	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Mónica Pinto (Argentinian), President; Yoshimi Ohara (Japanese); Jakob Ragnwaldh (Swedish); all members appointed by the Chairman of the Administrative Council.
August 24, 2023	Each party files a submission on the continuation of the stay of enforcement of the Award.
August 29, 2023	Each party files observations on the other party’s submission on the continuation of the stay of enforcement of the Award.
September 11, 2023	The Tribunal issues a decision concerning the stay of enforcement of the award.
September 11, 2023	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).
December 22, 2023	The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 16(2)(c).