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

Procedural record

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.

   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.

   Participants

   ABH Holdings S.A.

   Ukraine

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   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.

   Participants

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   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.

   Participants

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   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.

   Participants

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   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.

   Participants

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   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.

   Participants

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   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.

   Participants

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   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