Case Details

Adria Group B.V. and Adria Group Holding B.V. v. Republic of Croatia (ICSID Case No. ARB/20/6)

Subject of Dispute:

Retail enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Croatia - Netherlands 1998
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Adria Group B.V. (Dutch), Adria Group Holding B.V. (Dutch)
Respondent(s):

Republic of Croatia (Croatian)
Date Registered:

March 2, 2020
Date of Constitution of Tribunal:

May 3, 2021

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Parties
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Stephens-Chu Avocat, Paris, France
Toby Landau, Singapore
Robert Kirkness, Wellington, N.Z.
Peter Webster, London, U.K.
Tomanović Law Office, Belgrade, Serbia
Rachel Low, Singapore
Callista Harris, Sydney, Australia
Respondent(s):

David Pawlak, Warsaw, Poland
Foley Hoag, Washington, D.C., U.S.A.
State Attorney’s Office of the Republic of Croatia, Zagreb, Croatia
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

July 2, 2024 - The Claimants file a memorial on liability and quantum.

(a) Original Proceeding

Published Decisions

Decision on Intra-EU Jurisdictional Objection

Available on the ICSID Website

Decision on Intra-EU Jurisdictional Objection (October 31, 2023) English (Original)

(a) Original Proceeding

Date	Development
March 2, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
April 30, 2020	Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator.
July 1, 2020	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
May 1, 2021	Following appointment by agreement of the parties, Christopher Greenwood (British) accepts his appointment as presiding arbitrator.
May 3, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by agreement of the parties; Charles Poncet (Swiss), appointed by the Claimants; and J. Christopher Thomas (Canadian), appointed by the Respondent.
September 14, 2021	The Tribunal holds a first session by video conference.
September 21, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 4, 2021	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 5, 2021	Another non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 22, 2021	Each party files observations on the non-disputing parties’ applications.
November 24, 2021	The Tribunal issues a decision on the non-disputing parties’ applications to file written submissions pursuant to ICSID Arbitration Rule 37(2).
December 22, 2021	The Respondent files a memorial on jurisdiction.
March 17, 2022	Each non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
March 17, 2022	The Claimants file a counter-memorial on jurisdiction.
March 24, 2022	The Claimants file a counter-memorial on jurisdiction.
May 9, 2022	The Respondent files a reply on jurisdiction.
June 27, 2022	The Tribunal issues Procedural Order No. 2 concerning procedurals matters.
July 6, 2022	The Claimants file a rejoinder on jurisdiction.
August 2, 2022	The President holds a pre-hearing organizational meeting with the parties by video conference.
August 3, 2022	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
September 20, 2022 - September 22, 2022	The Tribunal holds a hearing on jurisdiction in London.
November 16, 2022	Each party files a post-hearing brief.
November 30, 2022	Each party files a reply post-hearing brief.
October 31, 2023	The Tribunal issues a decision on jurisdiction.
July 2, 2024	The Claimants file a memorial on liability and quantum.