Case Details

United Group B.V., Adria Serbia Holdco B.V., and Serbia Broadband–srpske kablovske mreže d.o.o. Beograd v. Republic of Serbia (ICSID Case No. ARB/21/5)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Serbia - Netherlands 2002
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

United Group B.V. (Dutch), Adria Serbia Holdco B.V. (Dutch), Serbia Broadband–srpske kablovske mreže d.o.o. Beograd (Serbian)
Respondent(s):

Republic of Serbia (Serbian)
Date Registered:

February 4, 2021
Date of Constitution of Tribunal:

May 7, 2021

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by Co-Arbitrators
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan, New York, NY, U.S.A.
Moravcevic Vojnovic i partneri AOD in cooperation with Schönherr, Belgrade, Serbia
Respondent(s):

Omnia Strategy, London, U.K.
Williams & Connolly, Washington, DC, U.S.A.
Lucas Bastin, London, U.K.
Law Office Andelkovic, Belgrade, Serbia
Professor Dusan Popovic, Belgrade, Serbia
State Attorney of the Republic of Serbia, Belgrade, Serbia
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

July 31, 2023 -
The Tribunal issues Procedural Order No. 12 concerning procedural matters.

No References Available.

(a) Original Proceeding

Date	Development
February 4, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
April 8, 2021	Following appointment by the Respondent, Raúl Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator.
April 9, 2021	Following appointment by the Claimants, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
May 7, 2021	Following appointment by his co-arbitrators, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
May 7, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by his co-arbitrators; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimant; and Raul E. Vinuesa (Argentine/Spanish), appointed by the Respondent.
June 10, 2021	The Tribunal holds a first session by videoconference.
June 14, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 12, 2021	The Tribunal issues Procedural Order No. 2 concerning production of document.
September 3, 2021	The Claimants file a memorial on the merits.
October 1, 2021	The Tribunal holds a case management conference with the parties by video conference.
November 12, 2021	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
November 30, 2021	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
December 8, 2021	The Claimants file observations on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
December 10, 2021	The Respondent files further observations on its request to address the objections to jurisdiction as a preliminary question.
December 14, 2021	The Claimants file further observations on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
December 30, 2021	The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction is joined to the merits of the dispute.
February 1, 2022	The Tribunal holds a case management conference with the parties by video conference.
February 14, 2022	The Tribunal issues Procedural Order No. 5 on confidentiality of information.
May 6, 2022	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
August 5, 2022	The Tribunal issues a decision on the parties’ requests for document production.
October 5, 2022	The Tribunal issues Procedural Order No. 6 concerning production of document.
November 14, 2022	The Claimants file a reply memorial on the merits and a counter-memorial on jurisdiction.
November 16, 2022	The Tribunal holds a case management conference with the parties by videoconference.
November 28, 2022	The Tribunal issues Procedural Order No. 7 concerning production of documents.
December 23, 2022	The Respondent files a request to strike ancillary claims introduced in the Claimants' reply memorial of November 14, 2022.
January 5, 2023	Non-disputing parties file an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
January 6, 2023	The Claimants file observations on the Respondent’s request of December 23, 2022.
January 9, 2023	Each party files observations on the non-disputing parties’ application.
January 19, 2023	The Respondent files a response to the Claimants’ observations of January 6, 2023.
January 19, 2023	The Claimants file further observations on the non-disputing parties’ application.
January 23, 2023	The Claimants file further observations on the Respondent’s response of January 19, 2023.
January 31, 2023	The Respondent files further observations on the non-disputing parties’ application.
February 17, 2023	The Tribunal issues Procedural Order No. 8 concerning the Respondent’s request of December 23, 2022 and sets a new procedural calendar for the ancillary claims.
February 24, 2023	The Tribunal issues Procedural Order No. 9 concerning the non-disputing parties’ application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 22, 2023	The Tribunal issues Procedural Order No. 10 concerning the procedural calendar.
March 31, 2023	The non-disputing parties file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 14, 2023	The Respondent files a rejoinder on the merits and reply on jurisdiction.
May 15, 2023	The Claimants file an additional submission to address the ancillary claims.
June 7, 2023	The Respondent files an additional submission to address the ancillary claims.
June 12, 2023	The President holds a pre-hearing organizational meeting with the parties by video conference.
June 14, 2023	The Respondent files an expert report related to its submission of June 7, 2023.
June 19, 2023	The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.
July 10, 2023 - July 21, 2023	The Tribunal holds a hearing on jurisdiction and the merits in London.
July 31, 2023	The Tribunal issues Procedural Order No. 12 concerning procedural matters.