Case Details

Towra SA-SPF v. Republic of Slovenia (ICSID Case No. ARB/22/33)

Subject of Dispute:

Electric power generation (coal power plant)/coal mining
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Towra SA-SPF (Luxembourg)
Respondent(s):

Republic of Slovenia (Slovenian)
Date Registered:

December 5, 2022
Date of Constitution of Tribunal:

September 15, 2023

Composition of Tribunal

President:

Juliet BLANCH (British) - Appointed by the Parties
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Albert Jan VAN DEN BERG (Dutch) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Baker & Hostetler, New York, NY and Washington, D.C., U.S.A.
RJ Gaito SARL, Luxembourg
Respondent(s):

Clifford Chance Deutschland
Office of the Prime Minister of the Republic of Slovenia
State Attorney’s Office of the Republic of Slovenia
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

October 30, 2024 - The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.

No References Available.

(a) Original Proceeding

Date	Development
December 2, 2022	The Secretary-General registers a request for the institution of arbitration proceedings.
March 30, 2023	Following appointment by the Claimant, Charles Poncet (Swiss) accepts his appointment as arbitrator.
May 22, 2023	Following appointment by the Respondent, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
September 15, 2023	Following appointment by agreement of the parties, Ms. Juliet Blanch, a national of the United Kingdom, accepts her appointment as presiding arbitrator.
September 15, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ms. Juliet Blanch (British), President, appointed by agreement of the parties; Charles Poncet (Swiss), appointed by the Claimant; and Albert Jan van den Berg (Dutch), appointed by the Respondent.
October 24, 2023	The Respondent files a request concerning the rules applicable to the proceeding.
November 6, 2023	The Respondent files further observations on the request concerning the rules applicable to the proceeding.
November 15, 2023	The Claimant files a response to the Respondent’s request and observations of October 24 and November 6, 2023.
November 28, 2023	The Tribunal issues a decision concerning the rules applicable to the proceeding.
November 28, 2023	The Tribunal holds a first session by video conference.
December 13, 2023	The Tribunal issues Procedural Order No. 1 concerning the rules applicable to the proceeding.
December 13, 2023	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
December 13, 2023	The Tribunal issues Procedural Order No. 3 concerning transparency and confidentiality.
April 12, 2024	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
June 4, 2024	The Claimant files a memorial on the merits.
July 19, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
August 16, 2024	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
October 30, 2024	The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.