Matter
Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)
- 25 February 2008Arbitration
25 February 2008Arbitration
Decision on the Claimant's Proposal to Disqualify a Member of the Tribunal dated 25 February 2008
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal rejected the Claimant's proposal to disqualify Professor Brigitte Stern as not well-founded under the ICSID Convention and Arbitration Rules. The parties' legal costs were to lie where they fell, subject to any later application.
Supporting details
3 authorities · 5 participantsElectrabel S.A.
Republic of Hungary
International Centre for Settlement of Investment Disputes
- Arbitrator
- Gabrielle Kaufmann-Kohler
- Arbitrator
- V.V. Veeder
- Arbitrator
- Brigitte Stern
8 months and 25 days later · 268 days
- 19 November 2008Arbitration
19 November 2008Arbitration
Procedural Order No. 1 dated 19 November 2008
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal ordered the Claimant to file its additional claim and supporting documentation by 30 January 2009, directed the parties to agree a revised timetable, suspended one group of Respondent objections, joined another group to the merits, and decided in principle to allow the European Commission to file a non-disputing-party submission subject to further arrangements.
Supporting details
International Centre for Settlement of Investment Disputes
3 months and 19 days later · 111 days
- 10 March 2009Arbitration
10 March 2009Arbitration
Procedural Order No. 2 dated 10 March 2009
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal requested the parties to revise their procedural timetable consistently with the February 2010 hearing dates and maintained its intention that the European Commission intervene after the Respondent's Counter-Memorial with knowledge of the parties' written submissions.
Supporting details
International Centre for Settlement of Investment Disputes
17 days later · 17 days
- 27 March 2009Arbitration
27 March 2009Arbitration
Procedural Order No. 3 dated 27 March 2009
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal approved and ordered a revised procedural timetable through the February 2010 hearing, including deadlines for the Respondent's Counter-Memorial, document requests, the European Commission's amicus submission, and the parties' subsequent submissions.
Supporting details
International Centre for Settlement of Investment Disputes
1 month and 1 day later · 32 days
- 28 April 2009Arbitration
28 April 2009Arbitration
Procedural Order No. 4 dated 28 April 2009
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal allowed the European Commission to file a written submission as a non-disputing party by 12 June 2009, defined its subject matter, and directed the parties to cooperate on access to their submissions subject to confidentiality arrangements.
Supporting details
International Centre for Settlement of Investment Disputes
3 months and 21 days later · 112 days
- 18 August 2009Arbitration
18 August 2009Arbitration
Procedural Order No. 5 dated 18 August 2009
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal declined most of the parties' disputed document-production requests, ordered production for the Claimant's Items 118 and 119, and required production no later than 31 August 2009.
Supporting details
International Centre for Settlement of Investment Disputes
2 months and 24 days later · 85 days
- 11 November 2009Arbitration
11 November 2009Arbitration
Procedural Order No. 6 dated 11 November 2009
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal declined the Claimant's application for a further order compelling production, while drawing attention to possible inspection of redacted documents, adverse inferences for wilful non-compliance, and costs consequences for a hearing adjournment caused by non-production.
Supporting details
International Centre for Settlement of Investment Disputes
29 days later · 29 days
- 10 December 2009Arbitration
10 December 2009Arbitration
Procedural Order No. 7 dated 10 December 2009
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal directed arrangements for the February 2010 hearing, including speaking time, witnesses, hearing preparation, and post-hearing submissions, and decided that the hearing would take place at the World Bank in Washington, D.C.
Supporting details
International Centre for Settlement of Investment Disputes
6 days later · 6 days
- 16 December 2009Arbitration
16 December 2009Arbitration
Procedural Order No. 8 dated 16 December 2009
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal approved the parties' joint proposal to amend the procedural timetable and granted the Respondent's application for production of the draft new PPA initialled by Dunamenti and MVM, finding the request specific, limited, and sufficiently relevant.
Supporting details
International Centre for Settlement of Investment Disputes
5 months and 15 days later · 166 days
- 31 May 2010Arbitration
31 May 2010Arbitration
Procedural Order No. 9 dated 31 May 2010
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal allowed the European Commission decision and the 2009 Report on Polish Stranded Costs to enter the evidential file, gave the Respondent and then the Claimant a limited opportunity to respond, imposed page limits, barred new exhibits, and allowed both parties to update their costs figures.
Supporting details
International Centre for Settlement of Investment Disputes
4 months later · 123 days
- 1 October 2010Arbitration
1 October 2010Arbitration
Procedural Order No. 10 dated 1 October 2010
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal requested information on the Luxembourg proceedings, implementation of the Hungarian stranded-costs decree, and whether the parties wished to make submissions on the AES Summit Generation award, with responses due by 29 October 2010.
Supporting details
International Centre for Settlement of Investment Disputes
8 months and 23 days later · 266 days
- 24 June 2011Arbitration
24 June 2011Arbitration
Procedural Order No. 11 dated 24 June 2011
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal extended to 1 August 2011 the deadline for both parties to respond substantively to the tribunal's Queries.
Supporting details
International Centre for Settlement of Investment Disputes
1 year, 5 months and 6 days later · 525 days
- 30 November 2012Arbitration
30 November 2012Arbitration
Decision on Jurisdiction, Applicable Law and Liability dated 30 November 2012
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal declared that ICSID had jurisdiction. It dismissed the PPA Pricing Claim, Regulated Pricing Claim, and G1 Unit Claim as to liability, and dismissed all other grounds of the PPA Termination Claim except the fair and equitable treatment issue concerning Net Stranded Costs, for which it reserved its decision to a later phase. It made no order on costs and did not finally decide quantum or interest.
Supporting details
7 authorities · 5 participantsElectrabel S.A.
Republic of Hungary
International Centre for Settlement of Investment Disputes
- Arbitrator
- Gabrielle Kaufmann-Kohler
- Arbitrator
- Brigitte Stern
- Arbitrator
- V.V. Veeder
4 months and 24 days later · 144 days
- 23 April 2013Arbitration
23 April 2013Arbitration
Procedural Order No. 12 dated 23 April 2013
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal recorded the agreed timetable for submissions on the allocation and amount of costs and on the effect and damages standard for non-payment of Net Stranded Costs, and recorded the agreement for an oral hearing on 15 and 16 May 2014.
Supporting details
International Centre for Settlement of Investment Disputes
6 months and 15 days later · 198 days
- 7 November 2013Arbitration
7 November 2013Arbitration
Procedural Order No. 13 dated 7 November 2013
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal approved the revised timetable agreed by the parties, including deadlines for the Respondent's Counter-Submission, the Claimant's Reply Submission, and the Respondent's Rejoinder, while leaving the scheduled hearing dates unchanged.
Supporting details
International Centre for Settlement of Investment Disputes
2 years and 18 days later · 748 days
- 25 November 2015Arbitration
25 November 2015Arbitration
Award dated 25 November 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The tribunal confirmed its earlier Decision, dismissed all of the Claimant's substantive claims and claims for interest and costs, ordered each party to bear its own legal costs and expenses, and ordered Electrabel to bear all other arbitration costs, including ICSID administrative costs and tribunal fees and expenses.
Supporting details
4 authorities · 5 participantsElectrabel S.A.
Republic of Hungary
International Centre for Settlement of Investment Disputes
- Arbitrator
- Gabrielle Kaufmann-Kohler
- Arbitrator
- Brigitte Stern
- Arbitrator
- V.V. Veeder