Arbitral Digest

Matter

Mabco Constructions SA v. Republic of Kosovo (ICSID Case No. ARB/17/25)

Case no.
ARB/17/25
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 5 October 2018France

    5 October 2018France

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural rules for the arbitration, confirmed its constitution, fixed Paris, France as the place of proceeding, and set procedures for the conduct of the case.

    Supporting details

    4 authorities · 2 participants
    Mabco Constructions SA
    Republic of Kosovo
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
    • ICSID Administrative and Financial Regulations (2006) (as amended and effective 10 April 2006)
      statute

    8 months and 16 days later · 259 days

  2. 21 June 2019France

    21 June 2019France

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal resolved the parties' disagreements concerning document production and attached the completed Redfern Schedules as annexes.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 19 days later · 111 days

  3. 10 October 2019France

    10 October 2019France

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the specifications for the hearing on jurisdiction and admissibility, including the hearing schedule, witness examination, hearing materials, and cost submissions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year and 20 days later · 386 days

  4. 30 October 2020France

    30 October 2020France

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld the Respondent's ratione temporis objections to the expropriation and fair and equitable treatment claims under the BIT, but rejected the objection to the denial of justice claim. It rejected the ratione temporis objections under the Foreign Investment Law, rejected by majority the ratione materiae and ratione personae objections, rejected the other jurisdictional objections, and deferred allocation of costs.

    Supporting details

    11 authorities · 6 participants
    Mabco Constructions SA
    Republic of Kosovo
    International Centre for Settlement of Investment Disputes
    Other

    Authorities cited

    11
    • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention, 18 March 1965)
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings 2006 (ICSID Arbitration Rules 2006)
      statute
    • Agreement between the Swiss Confederation and the Republic of Kosovo on the Promotion and Reciprocal Protection of Investments (Kosovo-Switzerland BIT, 27 October 2011)
      statute
    • Kosovo Foreign Investment Law No. 02/L-33 (Law No. 02/L-33, 21 November 2005)
      statute
    • Kosovo Foreign Investment Law No. 04/L-220 (Law No. 04/L-220, 12 December 2013)
      statute
    • Kosovo Law on the Privatization Agency No. 04/L-034 (Law No. 04/L-034, 2011)
      statute
    • Kosovo Law on Business Organizations No. 02/L-123 (Law No. 02/L-123, 27 September 2007)
      statute
    • Salini Costruttori S.p.A. and Italstrade S.p.A. v. Kingdom of Morocco (ICSID Case No. ARB/00/4, Decision on Jurisdiction, 23 July 2001)
      case-law
    • Ceskoslovenska Obchodni Banka, a.s. v. The Slovak Republic (ICSID Case No. ARB/97/4, Decision on Jurisdiction, 24 May 1999)
      case-law
    • Saba Fakes v. Republic of Turkey (ICSID Case No. ARB/07/20, Award, 14 July 2010)
      case-law
    • Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID Case No. ARB/03/25, Award, 16 August 2007)
      case-law

    1 year, 1 month and 1 day later · 397 days

  5. 1 December 2021France

    1 December 2021France

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded its decisions on the parties' Redfern Schedules in the final columns of the attached schedules.

    Supporting details

    International Centre for Settlement of Investment Disputes

    12 days later · 12 days

  6. 13 December 2021France

    13 December 2021France

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent's amended request for production concerning correspondence about the Grand Hotel privatization.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 days later · 7 days

  7. 20 December 2021France

    20 December 2021France

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found the Claimant's narrowed production request not untimely, invited the Claimant to define the documents sought with greater specificity, and allowed a revised request.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 30 days later · 120 days

  8. 19 April 2022France

    19 April 2022France

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the request to exclude Ferial El Ayeb's expert opinion, denied the request to exclude Artan Qerkini's expert opinion, and extended the Respondent's deadline to respond.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 27 days later · 57 days

  9. 15 June 2022France

    15 June 2022France

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal resolved the Claimant's procedural requests concerning new witnesses, Qerim Qerimi's second report, allegedly defamatory exhibits, the UNMIK Police Report, the KTA and PAK relationship, translations, and costs. It allowed limited further submissions and reserved judgment on costs.

    Supporting details

    International Centre for Settlement of Investment Disputes
  10. 15 June 2022France

    15 June 2022France

    Procedural Order No. 9

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the merits hearing, fixed the hearing dates and venue in Geneva, Switzerland, set the order of proceedings and time allocation, and identified hearing participants and logistical arrangements.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 days later · 4 days

  11. 19 June 2022France

    19 June 2022France

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that the matters identified in the Second Qerimi Report were not new in the relevant sense, but allowed the Claimant to identify documents it would have introduced and stated that it would consider their admission for the hearings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 1 day later · 123 days

  12. 20 October 2022France

    20 October 2022France

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Claimant an opportunity to comment on the Shkodra Documents, declined at that time to allow expert testimony on investigative procedure, and directed the parties to confer on a schedule.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 7 days later · 68 days

  13. 27 December 2022France

    27 December 2022France

    Procedural Order No. 13

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled that the Claimant's receipt and submission of the November 27, 2012 Report and related exhibits did not breach Procedural Order No. 12, allowed the exhibits into evidence despite the failure to seek advance leave, and ordered the Claimant to replace Exhibit C-131 with an unmarked version.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 17 days later · 168 days

  14. 13 June 2023France

    13 June 2023France

    Procedural Order No. 14

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Claimant leave to comment on the Respondent's Addendum to its Post-Hearing Brief and set successive deadlines for comments and replies.

    Supporting details

    International Centre for Settlement of Investment Disputes

Matter record

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Mabco Constructions SA v. Republic of Kosovo (ICSID Case No. ARB/17/25) · Matter