Arbitral Digest

Matter

GEA Group Aktiengesellschaft v. Ukraine (ICSID Case No. ARB/08/16)

Case no.
ARB/08/16
Applicable rules
IBA Rules on the Taking of Evidence in International Arbitration
  1. 19 February 2010Arbitration

    19 February 2010Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the parties to comply with its rulings on document production requests and set 5 March 2010 as the latest production date.

    Supporting details

    2 participants
    GEA Group Aktiengesellschaft
    Ukraine
    International Centre for Settlement of Investment Disputes

    5 days later · 5 days

  2. 24 February 2010Arbitration

    24 February 2010Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal clarified that, in deciding the Respondent's Requests Nos. 14, 15 and 16, it intended to grant only the requests stated by the Respondent.

    Supporting details

    2 participants
    GEA Group Aktiengesellschaft
    Ukraine
    International Centre for Settlement of Investment Disputes

    23 days later · 23 days

  3. 19 March 2010Arbitration

    19 March 2010Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimant's requested order concerning the Respondent's production of financial reports and noted the Respondent's statement that any reports later located would be forwarded promptly.

    Supporting details

    2 participants
    GEA Group Aktiengesellschaft
    Ukraine
    International Centre for Settlement of Investment Disputes

    18 days later · 18 days

  4. 6 April 2010Arbitration

    6 April 2010Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's requests concerning certain document production, ordered the Claimant to produce an unredacted copy of the 1997 Agreement upon receipt of the offered undertaking, and rejected the Respondent's request concerning privileged documents.

    Supporting details

    2 participants
    GEA Group Aktiengesellschaft
    Ukraine
    International Centre for Settlement of Investment Disputes

    15 days later · 15 days

  5. 21 April 2010Arbitration

    21 April 2010Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal permitted the Claimant to file a submission concerning financial documents by 29 April 2010 and directed that any Respondent response be included in its Rejoinder due by 15 June 2010.

    Supporting details

    2 participants
    GEA Group Aktiengesellschaft
    Ukraine
    International Centre for Settlement of Investment Disputes

    11 months and 10 days later · 344 days

  6. 31 March 2011Arbitration

    31 March 2011Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal determined that GEA had standing only for claims arising from the Conversion Contract until 30 June 2004, found the dispute within its competence and ICSID's jurisdiction insofar as the Conversion Contract and Products were concerned, rejected all claims within that jurisdiction, and ordered GEA to reimburse Ukraine's costs.

    Supporting details

    3 authorities · 15 participants
    GEA Group Aktiengesellschaft
    Representative
    Barton Legum (For: GEA Group Aktiengesellschaft)
    Representative
    Brenda Horrigan (For: GEA Group Aktiengesellschaft)
    Representative
    Anne-Sophie Dufetre (For: GEA Group Aktiengesellschaft)
    Representative
    Gauthier Vannieuwenhuyse (For: GEA Group Aktiengesellschaft)
    Ukraine
    Representative
    George Burn (For: Ukraine)
    Representative
    Sebastian Seelmann-Eggebert (For: Ukraine)
    Representative
    Jan Erik Spangenberg (For: Ukraine)
    Representative
    Robert Volterra (For: Ukraine)
    Representative
    Charles Claypoole (For: Ukraine)
    Representative
    Hussein Haeri (For: Ukraine)
    Representative
    Michelle Bradfield (For: Ukraine)
    Representative
    Serhii Sviriba (For: Ukraine)
    Representative
    Dmytro Marchukov (For: Ukraine)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Ceska Obchodni Banka, a.s. v. Slovak Republic (ICSID Case No. ARB/97/4, Decision on the Objections to Jurisdiction, 24 May 1999)
      case law
    • Law of Ukraine on Foreign Economic Activity
      statute
    • Civil Code of Ukraine
      statute

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GEA Group Aktiengesellschaft v. Ukraine (ICSID Case No. ARB/08/16) · Matter