Case Details

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 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)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s)

Initial 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)
Reconstituted:

December 6, 2023: Zachary DOUGLAS (Swiss ,Australian) appointed following the resignation of W. Michael REISMAN (U.S.)

Party Representatives

Claimant(s):

Dentons Europe, Paris, France
Law Firm Victoria Legis, Kyiv, Ukraine
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 28, 2024 - The Tribunal holds a case management conference with the parties by video conference.

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).
December 6, 2023	Following the resignation of arbitrator W. Michael Reisman, Zachary Douglas (Australian/Swiss) accepts his appointment as arbitrator, appointed by the Respondent accordance with ICSID Arbitration Rule 11(1).
December 6, 2023	The Tribunal is reconstituted. Its members are: Jan Paulsson (French/Swedish), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimants and Zachary Douglas (Australian/Swiss) appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding remains suspended pursuant to the Tribunal’s order of April 22, 2022.
July 2, 2024	The Tribunal issues an order taking note of the discontinuance of the proceeding with respect to Misen Energy AB (publ), pursuant to ICSID Arbitration Rule 44.
October 7, 2024	The Tribunal issues Procedural Order No. 2 lifting the suspension of the proceeding.
October 28, 2024	The Tribunal holds a case management conference with the parties by video conference.