Arbitral Digest

Matter

B3 Croatian Courier Cooperatief U.A. v. Republic of Croatia (ICSID Case No. ARB/15/5)

ICSID investment arbitration concerning Croatia’s treatment of a courier investment and the tribunal’s jurisdiction over the relevant period.

Investor-state arbitration

Case no.: ARB/15/5
Seat: France
Industry type: Transportation and storage
Applicable rules: ICSID Arbitration Rules in force as of April 2006

5 April 2019France
5 April 2019France
Award dated 5 April 2019
International Centre for Settlement of Investment Disputes
Decision summary
The Tribunal found that it lacked jurisdiction ratione temporis over events before 1 April 2011, had jurisdiction over subsequent events, and found that Croatia breached Article 3(1) of the Treaty. It dismissed the expropriation and damages claims and all other claims, and ordered Croatia to pay the Claimant USD 554,616.31 for its expended advances to ICSID and EUR 3,659,607.49 for legal representation costs.
Participants
B3 Croatian Courier Cooperatief U.A.
Republic of Croatia
International Centre for Settlement of Investment Disputes
Arbitrator
Bernard Hanotiau
Arbitrator
Stanimir Alexandrov
Arbitrator
Brigitte Stern
Tribunal secretary
Francisco Abriani
Tribunal secretary
Iuliana Iancu
Authorities cited
4
- Convention on the Settlement of Investment Disputes between States and Nationals of Other States
  treaty
- ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
  rules
- ICSID Institution Rules
  rules
- Agreement on Encouragement and Reciprocal Protection of Investments between the Republic of Croatia and the Kingdom of the Netherlands (Signed 28 April 1998; entered into force 1 June 1999)
  treaty
Source