Arbitral Digest

Matter

Plama Consortium Limited v. Republic of Bulgaria (ICSID Case No. ARB/03/24)

Case no.
ARB/03/24
Seat
United States
Applicable rules
ICSID Arbitration Rules · ICSID Institution Rules
  1. 8 February 2005United States

    8 February 2005United States

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal held that it had jurisdiction under Article 26 of the Energy Charter Treaty and the ICSID Convention to decide the Claimant's claims on their merits. It held that the Respondent's exercise of the Energy Charter Treaty Article 17(1) denial operated prospectively, found the no-substantial-business-activities limb satisfied, deferred decision on the ownership-and-control limb, rejected the Respondent's request to suspend the arbitration, rejected the Bulgaria-Cyprus BIT jurisdictional route, deferred costs to the merits phase, and directed that the arbitration proceed to the merits.

    Supporting details

    4 authorities · 15 participants
    Plama Consortium Limited
    Representative
    Emmanuel Gaillard (For: Plama Consortium Limited)
    Representative
    John Savage (For: Plama Consortium Limited)
    Representative
    Paul D. Friedland (For: Plama Consortium Limited)
    Representative
    Carolyn B. Lamm (For: Plama Consortium Limited)
    Representative
    Abby Cohen Smutny (For: Plama Consortium Limited)
    Representative
    Jonathan Hamilton (For: Plama Consortium Limited)
    Republic of Bulgaria
    Representative
    Ivan Kondov (For: Republic of Bulgaria)
    Representative
    Lazar Tomov (For: Republic of Bulgaria)
    Carl F. Salans
    International Centre for Settlement of Investment Disputes
    Arbitrator
    V.V. Veeder
    Tribunal secretary
    Aurelia Antonietti
    Other

    Authorities cited

    4
    • Oil Platforms (Islamic Republic of Iran v. United States) (1996 ICJ Reports 803)
      Case law
    • Mavrommatis Palestine Concessions (Judgment No. 2, 1924, PCIJ Series A No. 2)
      Case law
    • Salini Costruttori S.p.A. and Italstrade S.p.A. v. The Hashemite Kingdom of Jordan (ICSID Case No. ARB/02/13, Award of 15 November 2004)
      Case law
    • Siemens v. The Argentine Republic (ICSID Case No. ARB/02/8, Decision of 3 August 2004)
      Case law

    6 months and 29 days later · 210 days

  2. 6 September 2005United States

    6 September 2005United States

    Order of the Tribunal on the Claimant's Request for Urgent Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal rejected the Claimant's Request for Urgent Provisional Measures in its entirety. It held that the Bulgarian proceedings would not affect the Claimant's damages claims or the Tribunal's ability to decide them, and reserved its decision on the costs of the application to a later stage.

    Supporting details

    2 authorities · 13 participants
    Plama Consortium Limited
    Representative
    Emmanuel Gaillard (For: Plama Consortium Limited)
    Representative
    John Savage (For: Plama Consortium Limited)
    Representative
    Paul D. Friedland (For: Plama Consortium Limited)
    Representative
    Carolyn B. Lamm (For: Plama Consortium Limited)
    Representative
    Abby Cohen Smutny (For: Plama Consortium Limited)
    Republic of Bulgaria
    Representative
    Ivan Kondov (For: Republic of Bulgaria)
    Representative
    Lazar Tomov (For: Republic of Bulgaria)
    Carl F. Salans
    International Centre for Settlement of Investment Disputes
    Arbitrator
    V.V. Veeder
    Tribunal secretary
    Aurelia Antonietti

    Authorities cited

    2
    • Amco Asia v. Indonesia (ICSID Case No. ARB/81/1, Decision of 9 December 1983)
      Case law
    • CSOB v. Slovak Republic (ICSID Case No. ARB/97/4)
      Case law

Matter record

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Plama Consortium Limited v. Republic of Bulgaria (ICSID Case No. ARB/03/24) · Matter