Case Details

Misen Energy AB (publ) and Misen Enterprises AB v. Ukraine (ICSID Case No. ARB/21/15)

Subject of Dispute:

Oil and gas enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Sweden - Ukraine 1995
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Misen Energy AB (publ) (Swedish), Misen Enterprises AB (Swedish)
Respondent(s):

Ukraine (Ukrainian)
Date Registered:

March 31, 2021
Date of Constitution of Tribunal:

June 29, 2021

Composition of Tribunal

President:

Jan PAULSSON (French, Swedish) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
W. Michael REISMAN (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dentons Europe, Paris, France
Honlet Legum Arbitration, Paris, France
Respondent(s):

Ministry of Justice, Kyiv, Ukraine
Hogan Lovells International, London, U.K.
Asters, Kyiv, Ukraine
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

October 31, 2023 - Following the resignation of arbitrator W. Michael Reisman, the Acting Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).

No References Available.

(a) Original Proceeding

Date	Development
March 31, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
May 7, 2021	Following appointment by the Claimants, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
May 17, 2021	Following appointment by the Respondent, W. Michael Reisman (U.S.) accepts his appointment as arbitrator.
June 29, 2021	Following appointment by agreement of the parties, Jan Paulsson (French/Swedish) accepts his appointment as presiding arbitrator.
June 29, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jan Paulsson (French/Swedish), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimants; and Michael Reisman (U.S.), appointed by the Respondent.
September 9, 2021	The Tribunal holds a first session by video conference.
October 15, 2021	The President holds a procedural consultation with the parties by video conference.
October 20, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 29, 2021	The Claimants file a memorial on the merits.
January 27, 2022	The Respondent files a proposal for disqualification of arbitrator Stanimir A. Alexandrov. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
February 3, 2022	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
February 7, 2022	The Claimants file observations on the proposal for disqualification.
February 14, 2022	The Respondent files further observations on the proposal for disqualification.
April 15, 2022	The proposal for disqualification of arbitrator Stanimir Alexandrov is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
April 22, 2022	The Tribunal suspends the proceeding.
October 31, 2023	The Tribunal consents to the resignation of arbitrator W. Michael Reisman pursuant to ICSID Arbitration Rule 8(2) and the Acting Secretary-General notifies the parties thereof.
October 31, 2023	Following the resignation of arbitrator W. Michael Reisman, the Acting Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).