Arbitral Digest

Matter

ABH Holdings S.A. v. Ukraine (ICSID Case No. ARB/24/1)

Case no.
ARB/24/1
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 15 July 2024Arbitration

    15 July 2024Arbitration

    Decision on the Claimant's Proposal to Disqualify Prof. Sean Murphy

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Chair of the ICSID Administrative Council rejected the Claimant's proposal to disqualify Prof. Sean Murphy.

    Supporting details

    1 authority · 2 participants
    International Centre for Settlement of Investment Disputes
    Institutional administrator
    Ajay Banga
    Arbitrator
    Sean D. Murphy

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty

    2 months and 22 days later · 84 days

  2. 7 October 2024Arbitration

    7 October 2024Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules governing the arbitration, the procedural calendar, document production procedures, and related arrangements.

    Supporting details

    2 authorities · 5 participants
    ABH Holdings S.A.
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Francis Xavier
    Arbitrator
    Sean D. Murphy

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration (2020) (IBA Rules (2020))
      rules
  3. 7 October 2024Arbitration

    7 October 2024Arbitration

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded the Parties' agreements and decided the transparency and confidentiality regime governing the arbitration.

    Supporting details

    2 authorities · 3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Francis Xavier
    Arbitrator
    Sean D. Murphy

    Authorities cited

    2
    • Agreement between the Belgo-Luxembourg Economic Union and the Government of Ukraine on the Reciprocal Promotion and Protection of Investments (1996) (20 May 1996)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty

    7 months and 5 days later · 217 days

  4. 12 May 2025Arbitration

    12 May 2025Arbitration

    Decision on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal bifurcated the proceedings into a jurisdiction and liability phase and a quantum phase, reserved costs of the bifurcation request to the final award, and directed the Parties to confirm availability for the jurisdiction and liability hearing.

    Supporting details

    1 authority · 3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Francis Xavier
    Arbitrator
    Sean D. Murphy

    Authorities cited

    1
    • Agreement between the Belgo-Luxembourg Economic Union and the Government of Ukraine on the Reciprocal Promotion and Protection of Investments (1996) (20 May 1996)
      treaty

    6 months and 29 days later · 213 days

  5. 11 December 2025Arbitration

    11 December 2025Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Parties' document production requests, ordered production by 13 January 2026, and reserved decisions on specified requests concerning governmental, pre-trial, National Bank of Ukraine, and banking secrecy objections.

    Supporting details

    3 authorities · 3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Francis Xavier
    Arbitrator
    Sean D. Murphy

    Authorities cited

    3
    • Agreement between the Belgo-Luxembourg Economic Union and the Government of Ukraine on the Reciprocal Promotion and Protection of Investments (1996) (20 May 1996)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • Law of Ukraine On the National Bank of Ukraine
      statute

    1 month and 29 days later · 60 days

  6. 9 February 2026Arbitration

    9 February 2026Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal resolved the reserved document production requests, ordered certain documents to be produced, permitted redactions where applicable, and directed production by 23 February 2026.

    Supporting details

    2 authorities · 3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Francis Xavier
    Arbitrator
    Sean D. Murphy

    Authorities cited

    2
    • Agreement between the Belgo-Luxembourg Economic Union and the Government of Ukraine on the Reciprocal Promotion and Protection of Investments (1996) (20 May 1996)
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration (2020) (IBA Rules (2020))
      rules

    1 month and 30 days later · 58 days

  7. 8 April 2026Arbitration

    8 April 2026Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Claimant's specific disclosure request and ordered the Respondent to produce the requested documents within 10 days, subject to possible redaction for banking secrecy.

    Supporting details

    1 authority · 3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Francis Xavier
    Arbitrator
    Sean D. Murphy

    Authorities cited

    1
    • Agreement between the Belgo-Luxembourg Economic Union and the Government of Ukraine on the Reciprocal Promotion and Protection of Investments (1996) (20 May 1996)
      treaty

    1 month and 17 days later · 47 days

  8. 25 May 2026Arbitration

    25 May 2026Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Claimant's application to file a defined additional report and denied the remaining request as premature; it extended the Respondent's Rejoinder deadline to 20 August 2026, set the Claimant's Rejoinder on Jurisdiction for 27 October 2026, and directed that the hearing take place in Istanbul, Turkey.

    Supporting details

    1 authority · 4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Francis Xavier
    Arbitrator
    Sean D. Murphy
    Other
    Expert
    Minakov

    Authorities cited

    1
    • Agreement between the Belgo-Luxembourg Economic Union and the Government of Ukraine on the Reciprocal Promotion and Protection of Investments (1996) (20 May 1996)
      treaty

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ABH Holdings S.A. v. Ukraine (ICSID Case No. ARB/24/1) · Matter