Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/08/7)

Procedural record

1. 4 December 2009Arbitration

   4 December 2009Arbitration

   Decision on the Admissibility of Ancillary Claims dated 4 December 2009

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Arbitral Tribunal decided that the Sistema claims were not part of the dispute brought in the Request for Arbitration and were not ancillary claims under Article 46 of the Washington Convention and Rule 40 of the ICSID Arbitration Rules.

   Participants

   Itera International Energy LLC

   Itera Group NV

   Georgia

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Hans Danelius

   Arbitrator

   Francisco Orrego Vicuna

   Arbitrator

   Brigitte Stern

   Tribunal secretary

   Natali Sequeira

   Authorities cited

   6

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
     statute
   • Treaty between the Government of the United States of America and the Government of the Republic of Georgia concerning the Encouragement and Reciprocal Protection of Investment
     statute
   • Agreement on Encouragement and Reciprocal Protection of Investments between Georgia and the Kingdom of the Netherlands
     statute
   • CMS Gas Transmission Co. v. the Argentine Republic (ICSID Case No. ARB/01/8, Decision on Objections to Jurisdiction, 17 July 2003)
     case-law
   • LG&E Energy Corp., LG&E Capital Corp. and LG&E International, Inc. v. the Argentine Republic (ICSID Case No. ARB/02/1, Decision on Objections to Jurisdiction, 30 April 2004)
     case-law
   • Enron Corporation and Ponderosa Assets L.P. v. the Argentine Republic (ICSID Case No. ARB/01/3, Decision on Jurisdiction (Ancillary Claim), 2 August 2004)
     case-law
2. 4 December 2009Arbitration

   4 December 2009Arbitration

   Dissenting Opinion attached to the Decision on the Admissibility of Ancillary Claims dated 4 December 2009

   International Centre for Settlement of Investment Disputes

   Participants

   International Centre for Settlement of Investment Disputes