Case Details

Edenred S.A. v. Hungary (ICSID Case No. ARB/13/21)

Subject of Dispute:

Food voucher services
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT France - Hungary 1986
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Edenred S.A. (French)
Respondent(s):

Hungary (Hungarian)
Date Registered:

September 9, 2013
Date of Constitution of Tribunal:

March 5, 2014

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Claus VON WOBESER (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hogan Lovells (Paris), Paris, France
Respondent(s):

Baker & McKenzie, New York, NY, U.S.A., Budapest, Hungary and Toronto, Canada
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 13, 2016 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

April 18, 2017 (Respondent(s))
Date of Constitution of ad hoc Committee:

July 19, 2017

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Doug JONES (Australian, Irish)
Members:

Dorothy Udeme UFOT (Nigerian)
Hi-Taek SHIN (Korean)

Initial Composition of Tribunal

President:

Pierre TERCIER (Swiss)
Arbitrators:

Dorothy Udeme UFOT (Nigerian)
Gaëtan VERHOOSEL (Belgian, British)
Reconstituted:

September 15, 2017: Abdulqawi Ahmed YUSUF (Somali) appointed following the resignation of Pierre TERCIER (Swiss)
April 3, 2018: Lucinda A. LOW (U.S.) appointed following the resignation of Abdulqawi Ahmed YUSUF (Somali)
October 1, 2018: Doug JONES (Australian ,Irish) appointed following the resignation of Lucinda A. LOW (U.S.)
October 1, 2018: Hi-Taek SHIN (Korean) appointed following the resignation of Gaëtan VERHOOSEL (Belgian ,British)

Party Representatives

Claimant(s):

DLA Piper, Budapest, Hungary
Horvath and Partners Law Firm, Budapest, Hungary
Respondent(s):

Hogan Lovells (Paris), Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 9, 2020 - The ad hoc Committee issues a decision on annulment.

(c) Revision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

June 6, 2018 (Respondent(s))
Date of Constitution of Tribunal:

June 8, 2018

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Pierre-Yves TSCHANZ (Irish, Swiss) - Appointed by the Claimant(s)
Claus VON WOBESER (Mexican) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Claus VON WOBESER (Mexican) - Appointed by the Respondent(s)
Reconstituted:

October 16, 2018: Pierre-Yves TSCHANZ (Swiss ,Irish) appointed following the passing away of Francisco ORREGO VICUÑA (Chilean)

Party Representatives

Claimant(s):

Hogan Lovells (Paris), Paris, France
Respondent(s):

Horváth and Partners DLA Piper, Budapest, Hungary
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 7, 2019 - The Tribunal issues a decision on revision.

No References Available.

(a) Original Proceeding

Date	Development
September 9, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
October 4, 2013	Following appointment by the Claimant, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator.
December 9, 2013	Following appointment by the Respondent, Claus von Wobeser (Mexican/German) accepts his appointment as arbitrator.
January 22, 2014	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
March 5, 2014	Following appointment by the parties, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
March 5, 2014	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto(Spanish), President, appointed by agreement of the parties; Francisco Orrego Vicuña (Chilean), appointed by the Claimant; and Claus von Wobeser (Mexican/German), appointed by the Respondent.
April 4, 2014	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
April 17, 2014	The Tribunal holds a first session by telephone conference.
April 25, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 7, 2014	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
June 6, 2014	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
August 1, 2014	The Claimant files a memorial on jurisdiction, the merits and quantum.
September 12, 2014	The Respondent files a memorial on preliminary objections and a request to address the objections to jurisdiction as a preliminary question.
September 26, 2014	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
October 16, 2014	The Tribunal issues a decision concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
January 23, 2015	The Respondent files a counter-memorial on the merits and quantum.
February 27, 2015	Each party files a request for the Tribunal to decide on production of documents.
April 6, 2015	The Tribunal issues Procedural Order No. 2 concerning the production of documents.
May 7, 2015	The Claimant files a reply on the merits and a counter-memorial on preliminary objections.
July 26, 2015	The Respondent files a rejoinder on the merits and a reply on preliminary objections.
September 9, 2015	The Tribunal issues Procedural Order No. 3 on document production.
September 18, 2015	The Claimant files a rejoinder on preliminary objections.
October 2, 2015	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 22, 2015	The Tribunal issues Procedural Order No. 4 on the exclusion of evidence and witness testimony by video-conference.
November 2, 2015 - November 4, 2015	The Tribunal holds a hearing on the merits in Washington, D.C.
November 13, 2015	The Tribunal issues Procedural Order No. 5 on post-hearing matters.
February 1, 2016	Each party files a post-hearing brief.
February 15, 2016	Each party files a reply post-hearing brief.
April 22, 2016	Each party files a statement of costs.
November 29, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 13, 2016	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
April 18, 2017	The Secretary-General registers an application for annulment of the award filed by Hungary.
July 19, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Pierre Tercier (Swiss), President; Dorothy Ufot (Nigerian); and Gaëtan Verhoosel (Belgian); all members appointed by the Chairman of the Administrative Council.
July 24, 2017	Following the resignation of ad hoc Committee member Pierre Tercier (Swiss), the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and of the suspension of the proceeding pursuant to ICSID Arbitration Rules 53 and 10(2).
September 15, 2017	The ad hoc Committee is reconstituted. Its members are: Abdulqawi Ahmed Yusuf (Somali), Dorothy Ufot (Nigerian), Gaëtan Verhoosel (Belgian); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12.
October 31, 2017	The ad hoc Committee holds a first session by telephone conference.
November 20, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
February 27, 2018	Following the resignation of ad hoc Committee member Abdulqawi Ahmed Yusuf, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
April 3, 2018	The ad hoc Committee is reconstituted. Its members are Lucinda Low (U.S.), President); Dorothy Ufot (Nigerian); and Gaëtan Verhoosel (Belgian); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 12 and 53.
April 26, 2018	Hungary files a memorial on annulment.
June 8, 2018	Hungary files request to suspend the annulment proceeding.
June 20, 2018	Edenred S.A. files observations on Hungary’s request of June 8, 2018.
July 30, 2018	Following the resignation of ad hoc Committee member Gaëtan Verhoosel, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
September 4, 2018	Following the resignation of ad hoc Committee member Lucinda A. Low, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
October 1, 2018	The ad hoc Committee is reconstituted. Its members are Doug Jones (Australian, Irish), President; Hi-Taek Shin (Korean); and Dorothy Udeme Ufot (Nigerian); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12.
November 27, 2018	The Tribunal holds a hearing on Hungary’s request to suspend the annulment proceeding by telephone conference.
January 3, 2019	The ad hoc Committee issues Procedural Order No. 2 concerning Hungary’s request to suspend the annulment proceeding.
January 3, 2019	The proceeding is suspended pursuant to the decision of the ad hoc Committee.
February 25, 2019	The ad hoc Committee issues Procedural Order No. 3 resuming the annulment proceeding.
April 2, 2019	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 17, 2019	Each party files observations on the non-disputing party’s application.
April 24, 2019	Each party files further observations on the non-disputing party’s application.
April 30, 2019	The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
May 31, 2019	Edenred S.A. files a counter-memorial on annulment.
September 20, 2019	Hungary files a reply on annulment.
December 6, 2019	Edenred S.A. files a rejoinder on annulment.
January 17, 2020	The ad hoc Committee issues Procedural Order No. 5 concerning the organization of the hearing.
January 27, 2020	The ad hoc Committee holds a hearing on annulment in London.
February 12, 2020	Each party files a submission on costs.
February 18, 2020	Edenred S.A. files observations on Hungary’s submission on costs.
February 26, 2020	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
March 9, 2020	The ad hoc Committee issues a decision on annulment.

(c) Revision Proceeding

Date	Development
June 6, 2018	The Secretary-General registers an application for revision of the award filed by Hungary.
June 8, 2018	The original Tribunal is reconstituted in accordance with ICSID Arbitration Rule 51(2). Its members are: Juan Fernández-Armesto (Spanish), President; Francisco Orrego Vicuña (Chilean); and Claus von Wobeser (Mexican/German).
July 9, 2018	Edenred S.A. files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
July 25, 2018	Hungary files observations on Edenred S.A.’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
July 27, 2018	The Tribunal holds a first session by telephone conference.
August 24, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 2, 2018	Following the passing away of arbitrator Francisco Orrego-Vicuña (Chilean), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
October 16, 2018	Following the passing away of arbitrator Francisco Orrego-Vicuña, Pierre-Yves Tschanz (Swiss/Irish) appointed by the Claimants, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1).
October 16, 2018	The Tribunal is reconstituted. Its members are: Professor Juan Fernández-Armesto (Spanish), President, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1); Mr. Pierre-Yves Tschanz (Irish/Swiss), appointed by the Claimant; and Dr. Claus von Wobeser (Mexican), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
February 7, 2019	The Tribunal issues a decision on revision.