Case Details

ABH Holdings S.A. v. Ukraine (ICSID Case No. ARB/24/1)

Subject of Dispute:

Banking and financial services
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Belgium-Luxembourg - Ukraine 1996
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

ABH Holdings S.A. (Luxembourg)
Respondent(s):

Ukraine (Ukrainian)
Date Registered:

January 11, 2024
Date of Constitution of Tribunal:

April 9, 2024

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by the Parties
Arbitrators:

Francis XAVIER (Malaysian) - Appointed by the Claimant(s)
Sean MURPHY (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Michael Swainston KC of Brick Court Chambers, London, U.K.
Volodymyr Bogatyr of Bogatyr & Partners, Kyiv, Ukraine
Baiju Vasani, London, U.K.
Alexander Yean, London, U.K.
Respondent(s):

Asters, Kyiv, Ukraine
Quinn Emmanuel Urquhart & Sullivan U.K., London, U.K.
Ministry of Justice, Kiev, Ukraine
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

February 18, 2025 - The Respondent files a request to address quantum in a separate phase of the proceeding pursuant to ICSID Arbitration Rule 42.

(a) Original Proceeding

Published Decisions

Decision on the Claimant’s Proposal to Disqualify Prof. Sean Murphy

Procedural Order No. 1

Procedural Order No. 2

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)

(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.