Case Details

Discovery Global LLC v. Slovak Republic (ICSID Case No. ARB/21/51)

Subject of Dispute:

Oil & Gas enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT United States of America - Slovak Republic 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Discovery Global LLC (U.S.)
Respondent(s):

Slovak Republic (Slovak)
Date Registered:

October 22, 2021
Date of Constitution of Tribunal:

January 31, 2022

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Signature Litigation, London, U.K.
Mark Tushingham, London, U.K.
Respondent(s):

Ministry of Finance of the Slovak Republic, Bratislava, Slovak Republic
Squire Patton Boggs (US), New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

February 1, 2024 - February 7, 2024 - The Tribunal holds a hearing on jurisdiction and the merits in London.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Claimant’s Memorial on the Merits

Claimant’s Memorial on the Merits - List of Factual Exhibits

Claimant’s Memorial on the Merits - List of Legal Authorities

Claimant’s Memorial on the Merits - List of Witness Statements and Expert Reports

Respondent’s Counter-Memorial

Respondent’s Counter-Memorial - List of Witness Statements and Expert Reports

Respondent’s Counter-Memorial - List of Legal Authorities

Respondent’s Counter-Memorial - List of Exhibits

Procedural Order No. 3

Annex A to Procedural Order No. 3

Annex B to Procedural Order No. 3

Claimant’s Reply Memorial

Claimant's Reply Memorial - List of Factual Exhibits

Claimant's Reply Memorial - List of Legal Authorities

Claimant's Reply Memorial - List of Witness Statements and Expert Reports

Procedural Order No. 4

Respondent’s Rejoinder

Respondent’s Rejoinder - List of Factual Exhibits

Respondent’s Rejoinder - List of Legal Authorities

Respondent’s Rejoinder - List of Witness Statements and Expert Reports

Hearing on Jurisdiction and Merits - Hearing Day 1 (February 1, 2024)

Hearing on Jurisdiction and Merits - Hearing Day 2 (February 2, 2024)

Hearing on Jurisdiction and Merits - Hearing Day 3 (February 3, 2024)

Hearing on Jurisdiction and Merits - Hearing Day 4 (February 5, 2024)

Hearing on Jurisdiction and Merits - Hearing Day 5 (February 6, 2024)

Hearing on Jurisdiction and Merits - Hearing Day 6 (February 7, 2024)

Available on the ICSID Website

Request for Arbitration (September 30, 2021) English (Original)

Procedural Order No. 1 (March 28, 2022) English (Original)

Procedural Order No. 2 (April 22, 2022) English (Original)

Claimant’s Memorial on the Merits (September 30, 2022) English (Original)

Claimant’s Memorial on the Merits - List of Factual Exhibits (September 30, 2022) English (Original)

Claimant’s Memorial on the Merits - List of Legal Authorities (September 30, 2022) English (Original)

Claimant’s Memorial on the Merits - List of Witness Statements and Expert Reports (September 30, 2022) English (Original)

Respondent’s Counter-Memorial (March 31, 2023) English (Original)

Respondent’s Counter-Memorial - List of Witness Statements and Expert Reports (March 31, 2023) English (Original)

Respondent’s Counter-Memorial - List of Legal Authorities (March 31, 2023) English (Original)

Respondent’s Counter-Memorial - List of Exhibits (March 31, 2023) English (Original)

Procedural Order No. 3 (June 20, 2023) English (Original)

Annex A to Procedural Order No. 3 (June 20, 2023) English (Original)

Annex B to Procedural Order No. 3 (June 20, 2023) English (Original)

Claimant’s Reply Memorial (September 18, 2023) English (Original)

Claimant's Reply Memorial - List of Factual Exhibits (September 18, 2023) English (Original)

Claimant's Reply Memorial - List of Legal Authorities (September 18, 2023) English (Original)

Claimant's Reply Memorial - List of Witness Statements and Expert Reports (September 18, 2023) English (Original)

Procedural Order No. 4 (January 12, 2024) English (Original)

Respondent’s Rejoinder (December 14, 2023) English (Original)

Respondent’s Rejoinder - List of Factual Exhibits (December 14, 2023) English (Original)

Respondent’s Rejoinder - List of Legal Authorities (December 14, 2023) English (Original)

Respondent’s Rejoinder - List of Witness Statements and Expert Reports (December 14, 2023) English (Original)

(a) Original Proceeding

Date	Development
October 22, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
December 17, 2021	Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
December 17, 2021	Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator.
January 31, 2022	Following appointment by her co-arbitrators pursuant to the parties’ agreement, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
January 31, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by her co-arbitrators pursuant to the parties’ agreement; Stephen L. Drymer (Canadian), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent.
March 25, 2022	The Tribunal holds a first session by video conference.
March 28, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 22, 2022	The Tribunal issues Procedural Order No. 2 concerning transparency.
August 19, 2022	The Respondent files a request for security for costs.
September 30, 2022	The Claimant files a memorial on the merits.
October 7, 2022	The Claimant files observations on the Respondent’s request for security for costs.
October 21, 2022	The Respondent files comments on the Claimant’s observations of October 7, 2022.
November 18, 2022	The Tribunal issues directions concerning the Respondent’s request for security for costs.
March 31, 2023	The Respondent files a counter-memorial on the merits.
June 20, 2023	The Tribunal issues Procedural Order No. 3 concerning production of documents.
September 18, 2023	The Claimant files a reply on the merits.
December 14, 2023	The Respondent files a rejoinder on the merits.
January 10, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
January 12, 2024	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
February 1, 2024 - February 7, 2024	The Tribunal holds a hearing on jurisdiction and the merits in London.