Case Details

AVAX S.A. v. Lebanese Republic (ICSID Case No. ARB/16/29)

Subject of Dispute:

Electric power generation project
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Lebanon - Greece 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

AVAX S.A. (Greek)
Respondent(s):

Lebanese Republic (Lebanese)
Date Registered:

August 17, 2016
Date of Constitution of Tribunal:

May 1, 2017

Composition of Tribunal

President:

John BEECHEY (British)
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

David D. CARON (U.S.) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)
Reconstituted:

June 25, 2018: John BEECHEY (British) appointed following the passing away of David D. CARON (U.S.)

Party Representatives

Claimant(s):

Ioannis Vassardanis and Partners Law Firm, Athens, Greece
Wilmer Cutler Pickering Hale and Dorr, London, U.K.
and Washington, D.C., U.S.A.
Respondent(s):

Bredin Prat, Paris, France
Minister of Energy and Water, Beirut, Lebanon
Ministry of Justice, Beirut, Lebanon
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

April 11, 2024 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

No References Available.

(a) Original Proceeding

Date	Development
August 17, 2016	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 6, 2017	Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
January 30, 2017	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
May 1, 2017	Following appointment by the parties, David D. Caron (U.S.) accepts his appointment as presiding arbitrator.
May 1, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David D. Caron (U.S.), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Zachary Douglas (Australian), appointed by the Respondent.
June 22, 2017	The Tribunal holds a first session by telephone conference.
August 10, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 20, 2018	Following the passing away of arbitrator David Caron (U.S.), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
June 25, 2018	Following the passing away of David D. Caron, John Beechey (British) accepts his appointment as President of the Tribunal, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1).
June 25, 2018	The Tribunal is reconstituted. Its members are John Beechey (British), President, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1); Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Zachary Douglas (Australian) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
July 23, 2018	The Tribunal issues Procedural Order No. 2 concerning the suspension of the proceedings until November 19, 2018.
January 25, 2019	The Tribunal issues Procedural Order No. 3 concerning the suspension of the proceedings until July 4, 2019.
July 9, 2019	The Tribunal issues Procedural Order No. 4 concerning the suspension of the proceedings until January 31, 2020.
February 3, 2020	The Tribunal issues Procedural Order No. 5 concerning the suspension of the proceedings until March 31, 2020.
April 8, 2020	The Tribunal issues Procedural Order No. 6 concerning the suspension of the proceedings until May 31, 2020.
June 22, 2020	The Claimant files a memorial on the merits.
July 23, 2020	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
June 22, 2021	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
October 8, 2021	The Tribunal issues Procedural Order No. 8 concerning production of documents.
February 12, 2022	The Claimant files a request for the Tribunal to decide on confidentiality of documents.
February 14, 2022	The Claimant files a Reply on the merits and a counter-memorial on jurisdiction.
February 21, 2022	The Respondent files observations on the Claimant’s request of February 12, 2022.
February 28, 2022	The Claimant files a response to the Respondent’s observations of February 21, 2022.
March 7, 2022	The Tribunal issues Procedural Order No. 9 concerning the confidentiality of documents.
May 16, 2022	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
July 19, 2022	The Respondent files a rejoinder on the merits and reply on jurisdiction.
September 6, 2022	The President holds a pre-hearing organizational meeting with the parties by video conference.
September 26, 2022	The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.
October 4, 2022 - October 6, 2022	The Tribunal holds a hearing on jurisdiction and the merits in London.
November 14, 2022	The Tribunal holds a hearing on jurisdiction and the merits by videoconference.
December 28, 2022	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
April 12, 2023	Each party files a post-hearing brief.
May 22, 2023	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
July 17, 2023	Each party files a submission on costs.
July 28, 2023	Each party files observations on the other party’s submission on costs.
April 11, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).