Case Details

MOL Hungarian Oil and Gas Company Plc v. Republic of Croatia (ICSID Case No. ARB/13/32)

Subject of Dispute:

Hydrocarbon production and distribution enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

MOL Hungarian Oil and Gas Company Plc (Hungarian)
Respondent(s):

Republic of Croatia (Croatian)
Date Registered:

December 5, 2013
Date of Constitution of Tribunal:

April 14, 2014

Composition of Tribunal

President:

Franklin BERMAN (British) - Appointed by the Parties
Arbitrators:

William W. PARK (Swiss, U.S.) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dechert, Washington, D.C., U.S.A.
General Counsel, MOL Hungarian Oil and Gas Company Plc, Budapest, Hungary
Queritius, Budapest, Hungary
Respondent(s):

Squire Patton Boggs, Washington, D.C. and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 5, 2022 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision of the Tribunal on Preliminary Objections

Award of the Tribunal (English;)

Available on the ICSID Website

Decision of the Tribunal on Preliminary Objections (December 2, 2014) English (Original)

(a) Original Proceeding

Date	Development
December 5, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
January 27, 2014	Following appointment by the Claimant, Willliam W. Park (U.S./Swiss) accepts his appointment as arbitrator.
February 5, 2014	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
April 14, 2014	Following appointment by the parties, Franklin Berman (British) accepts his appointment as presiding arbitrator.
April 14, 2014	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Franklin Berman (British), President, appointed by agreement of the parties; William W. Park (U.S./Swiss), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
May 12, 2014	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5) and an alternative request to stay the proceeding as a provisional measure.
May 28, 2014	The Tribunal holds a first session by telephone conference.
June 9, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 16, 2014	As directed by the Tribunal in Procedural Order No. 1, the Respondent supplements its preliminary objections pursuant to ICSID Arbitration Rule 41(5) and reiterates its request of May 12, 2014.
July 14, 2014	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) and request of May 12, 2014.
August 6, 2014	The Respondent files a response to the Claimant’s observations of July 14, 2014.
August 29, 2014	The Claimant files further observations on the Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5) and request of May 12, 2014.
September 11, 2014	The Tribunal holds a hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5) in Washington, D.C.
September 18, 2014	Each party files answers to questions posed by the Tribunal during the hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 1, 2014	The Respondent supplements its answers to questions posed by the Tribunal during the hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 2, 2014	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 23, 2014	The Respondent files a request for the Tribunal to decide on confidentiality of evidence.
January 9, 2015	The Claimant files observations on the Respondent’s request of December 23, 2014.
January 23, 2015	The Tribunal issues Procedural Order No. 2 concerning the confidentiality of evidence.
August 14, 2015	The Claimant files a memorial on jurisdiction and the merits.
June 13, 2016	The Respondent files a counter-memorial on jurisdiction and the merits.
July 29, 2016	The Claimant files a request for the Tribunal to decide on production of documents.
August 10, 2016	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
August 17, 2016	The Claimant files a response to the Respondent’s observations of August 10, 2016.
September 19, 2016	The Tribunal issues Procedural Order No. 3 concerning production of documents.
September 30, 2016	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
October 14, 2016	The Claimant files a reply on jurisdiction and the merits.
October 25, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
November 22, 2016	The Respondent files a request for the Tribunal to decide on production of documents.
December 6, 2016	The Tribunal issues Procedural Order No. 5 concerning production of documents.
December 7, 2016	The Claimant files a request for disclosure in relation to the Respondent’s evidence.
December 9, 2016	The Respondent files observations on the Claimant’s request of December 7, 2016.
December 11, 2016	The Claimant files a response to the Respondent’s observations of December 9, 2016.
December 12, 2016	The Tribunal decides on the Claimant’s request of December 7, 2016.
December 27, 2016	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
January 1, 2017	The Respondent files observations on the Claimant’s request of December 27, 2016.
January 2, 2017	The Claimant files a request to suspend the merits of the case pending Tribunal decision on a preliminary matter.
January 17, 2017	The Tribunal holds a hearing on the status of the case by telephone conference.
January 19, 2017	The Tribunal issues a decision on procedural matters.
January 24, 2017	The Claimant files a request for reconsideration of the Tribunal’s decision of January 19, 2017.
January 25, 2017	The Respondent files observations on the Claimant’s request of January 24, 2017.
January 27, 2017	The Claimant files skeleton arguments on a preliminary matter.
January 30, 2017	The Tribunal issues a decision on procedural matters. The Respondent files a rejoinder on jurisdiction and the merits.. The Tribunal decides on the Claimant’s request of January 24, 2017.
January 31, 2017	The Respondent files a request to the Tribunal for assistance in securing the testimony of witnesses.
February 5, 2017	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
February 6, 2017	The Tribunal holds a hearing on the status of the case by telephone conference. The Claimant files a request for disclosure in relation to the Respondent evidence.
February 8, 2017	The Claimant files observations on the Respondent’s request of January 31, 2017. The Respondent files observations to the Claimant’s request of February 5, 2017. The Claimant files further observations to the Respondent’s request of January 31, 2017. The Claimant files a request for the exclusion of evidence.
February 9, 2017	The Respondent files observations on the Claimant’s request for the exclusion of evidence. The Claimant files a response to the Respondent’s observations of February 9, 2017. The Respondent files observations on the Claimant’s request of February 5, 2017.
February 10, 2017	The Claimant files further observations to its application of February 5, 2017. The Claimant files a response to Respondent’s observations of February 9, 2017. The Respondent files observations on the Claimant’s request of February 8, 2017. The Respondent files observations on the Claimant’s request of January 31, 2017.
February 11, 2017	The Tribunal decides on procedural matters.
February 14, 2017	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
February 15, 2017	The Respondent files observations on the Claimant’s request of February 14, 2017. The Parties file a joint stipulation concerning the testimony of two witnesses. The Claimant files a request for the exclusion of evidence.
February 17, 2017	The Tribunal decides on the admissibility of evidence.
February 18, 2017	The Respondent files skeleton arguments on a preliminary matter.
February 20, 2017	The Parties file a joint stipulation concerning the testimony of one witness. The Claimant files new evidence admitted into the record.
February 21, 2017	The Parties file a joint stipulation concerning the testimony of two witnesses.
February 21, 2017 - March 3, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
February 26, 2017	The Tribunal admits two new documents into the record.
March 2, 2017	The Claimant files observations on the Respondent’s request of January 31, 2017.
March 9, 2017	The Respondent files a response to the Claimant’s observations of March 2, 2017.
March 11, 2017	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
March 16, 2017	The Claimant files a reply to the Respondent’s observations of March 9, 2017.
March 17, 2017	The Respondent files further observations on the Claimant’s response of March 16, 2017.
March 27, 2017	The Respondent files observations on the Claimant’s request of February 15, 2017.
March 28, 2017	The Claimant files a request for the Tribunal to decide on production of documents.
March 30, 2017	The Respondent files observations on the Claimant’s request of March 11, 2017. The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
April 22, 2017	The Tribunal decides on procedural matters.
May 5, 2017	The Tribunal decides on procedural matters. The Claimant files arguments on a preliminary matter.
May 25, 2017	The Claimant files a request for the Tribunal to decide on production of documents.
June 1, 2017	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents. The Tribunal decides on procedural matters.
June 6, 2017	The Claimant files a response to the Respondent’s observations of June 1, 2017. The Respondent files further observations on the Claimant’s response of June 6, 2017.
June 16, 2017	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 22, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 23, 2017	The Respondent files arguments on a preliminary matter. The Claimant files a rejoinder on jurisdiction.
June 26, 2017	The Respondent files observations on the Claimant’s request of June 16, 2017.
June 29, 2017	The Claimant files observations on the Respondent’s request of June 22, 2017.
June 30, 2017	The Claimant files a reply to the Respondent’s observations of June 26, 2017. The Respondent files a reply to the Claimant’s observations of June 29, 2017.
July 5, 2017	The Tribunal decides on production of documents.
July 7, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
July 12, 2017	The Respondent files observations on the Tribunal’s decision of July 5, 2017.
July 13, 2017	The Claimant files a response to the Respondent’s observations of July 12, 2017.
July 14, 2017	The Respondent files a reply to the Claimant’s response of July 13, 2017.
July 24, 2017 - July 28, 2017	The Tribunal holds a hearing on jurisdiction and the merits in London.
August 3, 2017	The Respondent files further observations on the Tribunal’s decision on July 5, 2017.
August 6, 2017	The Claimant files a request for reconsideration of the Tribunal’s decision of September 19, 2016.
August 15, 2017	The Claimant files a response to the Respondent’s observations of July 12, 2017 and August 3, 2017.
August 18, 2017	The Respondent files observations on the Claimant’s request of August 6, 2017.
August 24, 2017	The Respondent files a reply to the Claimant’s response of August 15, 2017.
August 25, 2017	The Claimant files a reply to the Respondent’s observations of August 18, 2017.
August 30, 2017	The Respondent files a rejoinder on the Claimant’s request of August 6, 2017.
September 19, 2017	The Tribunal decides on Claimant’s requests of August 6, 2017 and August 15, 2017.
October 6, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
October 9, 2017	The Tribunal decides on the admissibility of new evidence.
November 1, 2017	The Claimant files a rejoinder on the Respondent’s request of June 22, 2017.
January 8, 2018	The Tribunal decides on procedural matters.
January 25, 2018	The Tribunal decides on procedural matters.
February 9, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 13, 2018	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
February 16, 2018	The Respondent files observations on the Claimant’s request of February 9, 2018.
February 22, 2018	The Tribunal decides on the admissibility of new evidence.
February 26, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
February 28, 2018	The Respondent files observations on the Claimant’s request of February 26, 2018.
February 28, 2018	The Claimant files a response to the Respondent’s observations of February 28, 2018.
February 28, 2018	The Respondent files observations on the Claimant’s response of February 28, 2018.
March 1, 2018	The Tribunal decides on the admissibility of new evidence.
March 6, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 6, 2018	The Tribunal decides on the admissibility of new evidence.
March 7, 2018 - March 16, 2018	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
April 4, 2018	The Tribunal decides on procedural matters.
June 1, 2018	The Respondent files a post-hearing brief.
June 3, 2018	The Claimant files a post-hearing brief.
June 7, 2018	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
June 7, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 13, 2018	The Respondent files observations on the Claimant’s request of June 7, 2018.
June 14, 2018	The Claimant files a response to the Respondent’s observations of June 13, 2018.
June 15, 2018	The Respondent files further observations on the Claimant’s request on the admissibility of new evidence.
June 27, 2018	The Tribunal issues a decision on the admissibility of new evidence.
July 4, 2018 - July 6, 2018	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
July 19, 2018	The Claimant files a request to answer a statement made by the Respondent during the hearing.
July 20, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
July 20, 2018	The Respondent files observations on the Claimant’s request of July 19, 2018.
July 23, 2018	The Respondent files observations on the Claimant’s request of July 20, 2018.
July 24, 2018	The Claimant files a response to the Respondent’s observations of July 23, 2018.
August 1, 2018	The Claimant files a request regarding submissions on costs.
August 3, 2018	The Respondent files observations on the Claimant’s request of August 1, 2018.
August 10, 2018	Each party files observations on the non-disputing party’s application of August 22, 2018.
August 13, 2018	The parties agree on the admission into the record of a new evidence.
August 14, 2018	The Tribunal decides on procedural matters.
August 22, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 23, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 10, 2018	The Claimant files observations on the Respondent’s request of August 23, 2018.
September 10, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
September 10, 2018	Each party files observations on the non-disputing party’s application of August 22, 2018.
September 11, 2018	The Respondent files a response to the Claimant’s observations of September 10, 2018.
September 20, 2018	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
October 23, 2018	The parties agree on the admissibility of new evidence.
October 26, 2018	Each party files a submission on costs.
October 28, 2018	The Claimant files a response to the Respondent’s observations of October 28, 2018.
October 28, 2018	The Respondent files observations on the Claimant’s submission on costs.
October 30, 2018	The Tribunal decides on the admissibility of new evidence.
November 27, 2018	The Respondent files observations on its request of August 23, 2018.
November 28, 2018	The Tribunal decides on procedural matters.
November 29, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 3, 2018	The Tribunal decides on the admissibility of new evidence.
December 4, 2018	The Claimant files a response to the Respondent’s observations of November 27, 2018.
December 7, 2018	Each party files observations on the other party’s submission on costs.
December 7, 2018	The Respondent files a response to the Claimant’s response of December 4, 2018.
December 18, 2018	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
January 4, 2019	The Respondent files further observations on the Claimant’s submission on costs.
January 17, 2019	The Claimant files a request for the exclusion of evidence.
January 18, 2019	The Respondent files observations on the Claimant’s request of January 17, 2019.
January 21, 2019	The Tribunal decides on procedural matters.
February 1, 2019	The Respondent files further observations on the Claimant’s response of December 4, 2018.
February 11, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 20, 2019	The Claimant files observations on the Respondent’s request of February 11, 2019.
March 5, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
March 11, 2019	The Respondent files observations on the Claimant’s request of March 5, 2019.
March 22, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
April 5, 2019	The Tribunal decides procedural matters.
April 18, 2019	The Claimant files a request relating to its request of March 5, 2019.
April 18, 2019	The Respondent files observations on the Claimant’s request of April 18, 2019.
April 18, 2019	The Claimant files a response to the Respondent’s observations of April 18, 2019.
April 19, 2019	The Tribunal decides on procedural matters.
May 2, 2019	The Tribunal decides on procedural matters.
May 17, 2019	Each party files observations on the relevance of new evidence.
May 22, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
May 22, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
May 26, 2019	The Respondent files observations on the Claimant’s request of May 22, 2019.
May 30, 2019	The Tribunal decides on the admissibility of evidence.
June 3, 2019	Each party files further observations on the relevance of new evidence.
June 24, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 27, 2019	The Claimant files observations on the Respondent’s request of June 24, 2019.
July 15, 2019	The Tribunal decides on the admissibility of evidence.
December 30, 2019	The Claimant files a request for provisional measures.
January 8, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
January 8, 2020	The Claimant files observations on the Respondent’s request of January 8, 2020.
January 8, 2020	The Tribunal decides on the admissibility of evidence.
January 13, 2020	The Respondent files observations on the Claimant’s request for provisional measures.
January 17, 2020	The Claimant files a response to the Respondent’s observations of January 13, 2020.
January 22, 2020	The Respondent files further observations on the Claimant’s request for provisional measures.
February 1, 2020	The Tribunal decides on provisional measures and the admissibility of evidence.
February 15, 2020	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
February 17, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 17, 2020	The Claimant files observations on the Respondent’s request of February 17, 2020.
March 21, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 23, 2020	The Tribunal decides on the admissibility of evidence.
April 16, 2020	The Parties submit a joint report pursuant to the Tribunal’s March 23, 2020 decision.
May 15, 2020	The Tribunal issues Procedural Order No. 7 concerning the Parties’ joint report.
July 9, 2020	The Claimant files an additional memorial.
July 9, 2020	The Claimant files an application to extend certain claims.
August 24, 2020	The Respondent files an additional reply to the Claimant’s additional memorial of July 9, 2020.
August 24, 2020	The Respondent files observations on the Claimant’s application of July 9, 2020.
September 17, 2020	The President holds an organizational meeting with the parties by video conference.
November 17, 2020	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
November 17, 2020	The President holds an organizational meeting with the parties by video conference.
November 18, 2020	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
November 24, 2020	The Tribunal holds a hearing on the Claimant’s application of July 9, 2020 by video conference.
December 4, 2020	The Respondent files observations on the Claimant’s request of November 17, 2020.
December 6, 2020	The Claimant files a response to the Respondent’s observations of December 4, 2020.
December 10, 2020	The Claimant files further observations on the Respondent’s observations of December 4, 2020.
January 5, 2021	The Tribunal issues Procedural Order No. 9 concerning the Claimant’s application of July 9, 2020.
January 8, 2021	The Tribunal decides on the Claimant’s request of November 17, 2020.
January 21, 2021	The President holds a pre-hearing organizational meeting with the parties by video conference.
January 25, 2021	The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.
January 27, 2021 - January 28, 2021	The Tribunal holds a hearing by video conference further to the hearing in November on the Claimant’s application of July 9, 2020.
March 17, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 22, 2021	The Claimant files observations on the Respondent’s request of March 17, 2021.
March 24, 2021	Each party files a supplemental submission on costs.
March 30, 2021	The Tribunal decides on the admissibility of evidence.
April 7, 2021	Each party files observations on the other party’s supplemental submission on costs.
April 14, 2021	The Tribunal holds a hearing further to the January 27-28, 2021 hearing.
September 13, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 14, 2021	The Claimant files observations on the Respondent’s request of September 13, 2021.
September 14, 2021	The Tribunal decides on the admissibility of evidence.
November 1, 2021	The parties file a joint status update on certain developments related to the claims before the Tribunal.
November 2, 2021	The Claimant files a request for an update on the outstanding ruling.
November 8, 2021	The Tribunal notifies the parties that it is considering recommending provisional measures on its own initiative pursuant to ICSID Arbitration Rule 39(3) and invites the parties to file observations.
November 12, 2021	Further to the Tribunal’s invitation, each party files observations on the Tribunal’s notification of November 8, 2021.
November 15, 2021	The Tribunal decides on provisional measures pursuant to ICSID Arbitration Rule 39(3).
December 15, 2021	The Claimant files a request for an update on the outstanding ruling.
January 3, 2022	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 15, 2022	The Tribunal extends the period to draw up and sign the award by 60 days in accordance with ICSID Arbitration Rule 46.
July 5, 2022	The Tribunal renders its award.