Arbitral Digest

Matter

Hrvatska Elektroprivreda d.d. v. Republic of Slovenia (ICSID Case No. ARB/05/24)

Case no.
ARB/05/24
Applicable rules
ICSID Arbitration Rules
  1. 6 May 2008Arbitration

    6 May 2008Arbitration

    Tribunal ruling regarding the participation of David Mildon QC

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that David Mildon QC could not participate further as counsel in the case and directed that the hearing proceed with liability and quantum matters separated.

    Supporting details

    2 authorities · 8 participants
    Hrvatska Elektroprivreda d.d.
    Representative
    Hunton & Williams LLP (For: Hrvatska Elektroprivreda d.d.)
    Representative
    David Mildon QC (For: Hrvatska Elektroprivreda d.d.)
    Republic of Slovenia
    Representative
    Allen & Overy LLP (For: Republic of Slovenia)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jan Paulsson

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • IBA Guidelines on Conflicts of Interest in International Arbitration (2004)
      academic

    1 year, 1 month and 6 days later · 402 days

  2. 12 June 2009Arbitration

    12 June 2009Arbitration

    Decision on the Treaty Interpretation Issue

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared that Article 17(1) and Exhibit 3 of the 2001 Agreement constituted a financial settlement as of 30 June 2002, found Slovenia liable to HEP for the financial value of 50 percent of the electricity produced by NEK from 1 July 2002 to 19 April 2003 subject to further determinations, declared specified claims waived through 30 June 2002, dismissed HEP's Energy Charter Treaty claims, and reserved costs.

    Supporting details

    2 authorities · 12 participants
    Hrvatska Elektroprivreda d.d.
    Representative
    Robert W. Hawkins (For: Hrvatska Elektroprivreda d.d.)
    Representative
    Stephen M. Sayers (For: Hrvatska Elektroprivreda d.d.)
    Representative
    Stephen Jagusch (For: Hrvatska Elektroprivreda d.d.)
    Republic of Slovenia
    Representative
    Mark Levy (For: Republic of Slovenia)
    Representative
    Laurent Gouiffes (For: Republic of Slovenia)
    Representative
    Anthony Sinclair (For: Republic of Slovenia)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Aissatou Diop
    Arbitrator
    Jan Paulsson

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Vienna Convention on the Law of Treaties
      statute
  3. 12 June 2009Arbitration

    12 June 2009Arbitration

    Individual Opinion attached to the Decision on the Treaty Interpretation Issue

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 years, 6 months and 5 days later · 2379 days

  4. 17 December 2015Arbitration

    17 December 2015Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found the dispute within ICSID's jurisdiction and competence, ordered Slovenia to pay HEP EUR 19,987,000 for breach of the 2001 Agreement with EURIBOR plus 2 percent interest compounded semi-annually from 1 July 2002 until payment, awarded HEP US$10,000,000 for arbitration and legal costs with interest from the date of the Final Award, and dismissed all other claims.

    Supporting details

    1 authority · 22 participants
    Hrvatska Elektroprivreda d.d.
    Representative
    Josip Lebegner (For: Hrvatska Elektroprivreda d.d.)
    Representative
    Robert W. Hawkins (For: Hrvatska Elektroprivreda d.d.)
    Representative
    Stephen M. Sayers (For: Hrvatska Elektroprivreda d.d.)
    Republic of Slovenia
    Representative
    Julie M. Peters (For: Republic of Slovenia)
    Representative
    Leo Andreis (For: Republic of Slovenia)
    Representative
    Mark Levy (For: Republic of Slovenia)
    Representative
    James Freeman (For: Republic of Slovenia)
    Representative
    Rishab Gupta (For: Republic of Slovenia)
    Representative
    Katrina Limond (For: Republic of Slovenia)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Milanka Kostadinova
    Arbitrator
    Jan Paulsson
    Other
    Expert
    Nick Aked
    Expert
    Walck
    Expert
    Oppel
    Expert
    Styles
    Expert
    Petrov

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute

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Hrvatska Elektroprivreda d.d. v. Republic of Slovenia (ICSID Case No. ARB/05/24) · Matter