Case Details
ABH Holdings S.A. v. Ukraine (ICSID Case No. ARB/24/1)
-
Banking and financial services
-
Finance
-
BIT Belgium-Luxembourg - Ukraine 1996
-
ICSID Convention - Arbitration Rules
-
ABH Holdings S.A. (Luxembourg)
-
Ukraine (Ukrainian)
-
January 11, 2024
-
April 9, 2024
-
Bernard HANOTIAU (Belgian) - Appointed by the Parties
-
Francis XAVIER (Malaysian) - Appointed by the Claimant(s)
Sean MURPHY (U.S.) - Appointed by the Respondent(s) -
Oleksandr Danchenko, Kyiv, Ukraine
Baiju Vasani, London, U.K.
Alexander Yean, London, U.K. -
Asters, Kyiv, Ukraine
Quinn Emmanuel Urquhart & Sullivan U.K., London, U.K.
Ministry of Justice, Kiev, Ukraine -
English
-
Pending
-
October 9, 2026 - The Tribunal issues Procedural Order No. 7 concerning procedural matters.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on the Claimant’s Proposal to Disqualify Prof. Sean Murphy
Procedural Order No. 1
Procedural Order No. 2
Decision on Bifurcation
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Available on the ICSID Website
Decision on the Claimant’s Proposal to Disqualify Prof. Sean Murphy (July 15, 2024) English (Original)
Procedural Order No. 1 (October 7, 2024) English (Original)
Procedural Order No. 2 (October 7, 2024) English (Original)
Decision on Bifurcation (May 12, 2025) English (Original)
Procedural Order No. 3 (December 11, 2025) English (Original)
Procedural Order No. 4 (February 9, 2026) English (Original)
Procedural Order No. 5 (April 8, 2026) English (Original)
Procedural Order No. 6 (May 25, 2026) English (Original)
(a) Original Proceeding
| Date | Development |
|---|---|
| January 11, 2024 | The Secretary-General registers a request for the institution of arbitration proceedings. |
| February 23, 2024 | Following appointment by the Respondent, Sean Murphy (U.S.) accepts his appointment as arbitrator. |
| March 8, 2024 | Following appointment by the Claimant, Francis Xavier (Malaysian) accepts his appointment as arbitrator. |
| April 9, 2024 | Following appointment by agreement of the parties, Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator. |
| April 9, 2024 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by agreement of the parties; Francis Xavier (Malaysian), appointed by the Claimant; and Sean Murphy (U.S.), appointed by the Respondent. |
| April 9, 2024 | The Claimant files a proposal for disqualification of arbitrator Sean Murphy pursuant to ICSID Arbitration Rule 22(1). The proceeding is suspended in accordance with ICSID Arbitration Rule 22(2). |
| April 30, 2024 | The Respondent files observations on the proposal for disqualification. |
| May 3, 2024 | Arbitrator Sean Murphy files a statement regarding the proposal for disqualification. |
| May 10, 2024 | Each party files a submission in accordance with ICSID Arbitration Rule 22(1)(e). |
| July 15, 2024 | The proposal for disqualification of arbitrator Sean Murphy is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 22(2). |
| September 12, 2024 | The Tribunal holds a first session by video conference. |
| October 7, 2024 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| October 7, 2024 | The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality. |
| December 20, 2024 | The Claimant files a memorial on the merits. |
| February 18, 2025 | The Respondent files a request to address quantum in a separate phase of the proceeding pursuant to ICSID Arbitration Rule 42. |
| April 19, 2025 | The Claimant files observations on the request to address quantum in a separate phase of the proceeding. |
| May 2, 2025 | The Claimant files observations on the request to address quantum in a separate phase of the proceeding. |
| May 12, 2025 | The Tribunal issues a decision on the Respondent’s request to address quantum in a separate phase of the proceeding. |
| September 10, 2025 | The Respondent files a counter-memorial and objections to jurisdiction. |
| November 25, 2025 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
| December 11, 2025 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
| January 5, 2026 | The Respondent files a submission on the production of documents. |
| January 21, 2026 | The Claimant files observations on the Respondent’s submission of January 5, 2026. |
| February 9, 2026 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
| April 8, 2026 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
| April 30, 2026 | The Claimant files a rely on the merits and response to objections to jurisdiction. |
| May 25, 2026 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
| August 21, 2026 | The Respondent files a rejoinder and reply on jurisdiction. |
| September 14, 2026 | The Claimant files a request for the exclusion of evidence. |
| September 25, 2026 | The Respondent files observations on the Claimant’s request of September 14, 2026. |
| September 30, 2026 | The Claimant files a response to the Respondent’s observations of September 25, 2026. |
| October 5, 2026 | The Respondent files a further response to the Claimant’s response of September 30, 2026. |
| October 9, 2026 | The Tribunal issues Procedural Order No. 7 concerning procedural matters. |

