Case Details
Discovery Global LLC v. Slovak Republic (ICSID Case No. ARB/21/51)
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Oil & Gas enterprise
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Oil, Gas & Mining
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BIT United States of America - Slovak Republic 1991
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ICSID Convention - Arbitration Rules
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Discovery Global LLC (U.S.)
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Slovak Republic (Slovak)
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October 22, 2021
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January 31, 2022
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Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
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Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s) -
Signature Litigation, London, U.K.
Mark Tushingham, London, U.K. -
Ministry of Finance of the Slovak Republic, Bratislava, Slovak Republic
Squire Patton Boggs (US), New York, NY, U.S.A. -
English
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Pending
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December 27, 2024 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(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)
Hearing on Jurisdiction and the Merits - Transcript Day 1
Hearing on Jurisdiction and the Merits - Transcript Day 2
Hearing on Jurisdiction and the Merits - Transcript Day 3
Hearing on Jurisdiction and the Merits - Transcript Day 4
Hearing on Jurisdiction and the Merits - Transcript Day 5
Hearing on Jurisdiction and the Merits - Transcript Day 6
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)
Hearing on Jurisdiction and the Merits - Transcript Day 1 (February 1, 2024) English (Original)
Hearing on Jurisdiction and the Merits - Transcript Day 2 (February 2, 2024) English (Original)
Hearing on Jurisdiction and the Merits - Transcript Day 3 (February 3, 2024) English (Original)
Hearing on Jurisdiction and the Merits - Transcript Day 4 (February 5, 2024) English (Original)
Hearing on Jurisdiction and the Merits - Transcript Day 5 (February 6, 2024) English (Original)
Hearing on Jurisdiction and the Merits - Transcript Day 6 (February 7, 2024) English (Original)
(a) Original Proceeding
Date | Development |
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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. |
May 17, 2024 | Each party files a submission on costs. |
May 24, 2024 | The Claimant files observations on the Respondent’s submission on costs. |
May 27, 2024 | The Respondent files observations on the Claimant’s submission on costs. |
December 27, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |