Case Details

UAB Pavilniu saules slenis 14 and UAB Modus grupe v. Republic of Belarus (ICSID Case No. ARB/21/2)

Subject of Dispute:

Hotel construction project
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Belarus - Lithuania 1999
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

UAB Pavilniu saules slenis 14 (Lithuanian), UAB Modus grupe (Lithuanian)
Respondent(s):

Republic of Belarus (Belarussian)
Date Registered:

January 8, 2021
Date of Constitution of Tribunal:

April 29, 2021

Composition of Tribunal

President:

Cavinder BULL (Singaporean) - Appointed by Co-Arbitrators
Arbitrators:

Sylvia TONOVA (Bulgarian, U.S.) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Vail Dispute Resolution, London, U.K.
Respondent(s):

Minsk Regional Specialised Legal Advice Office “Civil and Investment Law. Dispute Resolution,” Minsk, Belarus
Goretsky and Partners GIP, Minsk, Belarus
Resolut, Moscow, Russia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 5, 2023 - The Tribunal renders its award; included in the award is a separate opinion by arbitrator Sylvia Tonova.

No References Available.

(a) Original Proceeding

Date	Development
January 8, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
April 8, 2021	Following appointment by the Claimants, Sylvia Tonova (Bulgarian/U.S.) accepts her appointment as arbitrator.
April 16, 2021	Following appointment by the Respondent, Loretta Malintoppi (Italian) accepts her appointment as arbitrator.
April 29, 2021	Following appointment by his co-arbitrators, Cavinder Bull (Singaporean) accepts his appointment as presiding arbitrator.
April 29, 2021	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President, appointed by his co-arbitrators; Sylvia Tonova (Bulgarian/U.S.), appointed by the Claimants; and Loretta Malintoppi (Italian), appointed by the Respondent.
June 10, 2021	The Tribunal holds a first session by video conference.
June 25, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 22, 2021	The Claimants file a memorial on the merits.
January 19, 2022	The Respondent files a counter-memorial on the merits.
March 30, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
April 13, 2022	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 7, 2022	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
August 4, 2022	The Claimants file a reply on the merits.
December 11, 2022	The Respondent files a rejoinder on the merits.
February 27, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
March 11, 2023	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
March 25, 2023 - March 30, 2023	The Tribunal holds a hearing on jurisdiction and the merits in person in London and by video conference.
April 3, 2023	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
May 26, 2023	Each party files a post-hearing brief.
June 30, 2023	Each party files a reply post-hearing brief.
July 14, 2023	Each party files a statement of costs.
August 4, 2023	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
November 15, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 5, 2023	The Tribunal renders its award; included in the award is a separate opinion by arbitrator Sylvia Tonova.