Matter
NDI SOPOT S.A v. North Macedonia (European Court of Human Rights, Application no. 6035/17)
- 21 July 2015Poland
21 July 2015Poland
Partial Award of the ICC Tribunal dated 21 July 2015
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The ICC Tribunal granted NDI SOPOT S.A.'s claims in part, ordered the debtor company to pay PLN 12,979,309.11 plus specified interest, reserved liability, costs and VAT issues for a separate award, and rejected the remainder of the claims.
Supporting details
5 participants4 months and 19 days later · 142 days
- 10 December 2015Poland
10 December 2015Poland
Decision of the Gdańsk Regional Court dated 10 December 2015
Gdańsk Regional Court
- Decision summary
- The court recognised the ICC partial award as valid and enforceable in Poland.
2 months and 14 days later · 76 days
- 24 February 2016Poland
24 February 2016Poland
ICC Tribunal decision on correction requests dated 24 February 2016
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The ICC Tribunal rejected both parties' requests for correction of the partial award.
Supporting details
International Court of Arbitration of the International Chamber of Commerce
2 months and 26 days later · 86 days
- 20 May 2016North Macedonia
20 May 2016North Macedonia
Decision of the Skopje Court of First Instance no. 2 dated 20 May 2016
Skopje Court of First Instance no. 2
- Decision summary
- The court refused recognition of the ICC partial award in North Macedonia on grounds including lack of proof of finality and contradiction with public order arising from the arbitrator's alleged lack of impartiality.
1 month and 25 days later · 56 days
- 15 July 2016North Macedonia
15 July 2016North Macedonia
Judgment of the Skopje Court of Appeal dated 15 July 2016
Skopje Court of Appeal
- Decision summary
- The appellate court dismissed the appeal and upheld the refusal to recognise the ICC partial award, relying on the alleged failure of arbitrator J.M. to disclose ties and on public-order grounds.
1 month and 11 days later · 42 days
- 26 August 2016Poland
26 August 2016Poland
ICC Tribunal final award dated 26 August 2016
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The ICC Tribunal issued a final award concerning VAT and the costs of arbitration.
Supporting details
International Court of Arbitration of the International Chamber of Commerce
5 months and 21 days later · 174 days
- 16 February 2017North Macedonia
16 February 2017North Macedonia
Decision of the Skopje Court of Appeal on reopening dated 16 February 2017
Skopje Court of Appeal
- Decision summary
- The court dismissed NDI SOPOT S.A.'s request to reopen the recognition proceedings on formal grounds without determining the merits of its concerns about the presiding judge's impartiality.
4 months and 5 days later · 125 days
- 21 June 2017Poland
21 June 2017Poland
ICC Tribunal decision on correction of the final award dated 21 June 2017
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The ICC Tribunal rejected the debtor company's request for correction of the final award.
Supporting details
International Court of Arbitration of the International Chamber of Commerce
5 months and 28 days later · 181 days
- 19 December 2017Poland
19 December 2017Poland
ICC Tribunal second final award dated 19 December 2017
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- In a separate arbitration concerning the same joint-venture agreement, the ICC Tribunal granted NDI SOPOT S.A.'s claim against the debtor company.
Supporting details
International Court of Arbitration of the International Chamber of Commerce
1 month and 18 days later · 49 days
- 6 February 2018Poland
6 February 2018Poland
Judgment of the Gdańsk Court of Appeal dated 6 February 2018
Gdańsk Court of Appeal
- Decision summary
- The court dismissed the debtor company's appeal and upheld recognition of the ICC partial award in Poland.
2 years, 9 months and 6 days later · 1010 days
- 12 November 2020North Macedonia
12 November 2020North Macedonia
Judgment of the Skopje Court of Appeal dated 12 November 2020
Skopje Court of Appeal
- Decision summary
- The court dismissed the debtor company's separate action seeking annulment of the ICC partial award for alleged lack of jurisdiction, holding that annulment was within the competence of the Polish courts.
2 months and 9 days later · 70 days
- 21 January 2021North Macedonia
21 January 2021North Macedonia
Decision of the Skopje Court of Appeal on the second award dated 21 January 2021
Skopje Court of Appeal
- Decision summary
- The appellate court upheld dismissal of NDI SOPOT S.A.'s appeal as belated in proceedings concerning recognition of the second ICC award.
4 months and 25 days later · 145 days
- 15 June 2021North Macedonia
15 June 2021North Macedonia
Decision of the Supreme Court of North Macedonia dated 15 June 2021
Supreme Court of North Macedonia
- Decision summary
- The Supreme Court declared inadmissible NDI SOPOT S.A.'s appeal on points of law in the proceedings concerning recognition of the second ICC award.
3 years, 5 months and 11 days later · 1260 days
- 26 November 2024North Macedonia
26 November 2024North Macedonia
Judgment of the European Court of Human Rights in the case of NDI SOPOT S.A v. North Macedonia (Application no. 6035/17) dated 26 November 2024
European Court of Human Rights
- Decision summary
- The Court found a violation of Article 6 § 1 of the Convention because the North Macedonian appellate court was not impartial and failed to give adequate reasons when refusing recognition of the ICC partial award. It awarded EUR 3,600 for non-pecuniary damage and EUR 15,000 for costs and expenses.
Supporting details
24 authorities · 15 participantsNDI SOPOT S.A.
- Representative
- R. Morek (For: NDI SOPOT S.A.)
- Representative
- E. Buczkowska (For: NDI SOPOT S.A.)
- Representative
- W. Sadowski (For: NDI SOPOT S.A.)
- Representative
- E. Wętrys (For: NDI SOPOT S.A.)
Government of North Macedonia
- Representative
- D. Djonova (For: Government of North Macedonia)
Government of Poland
European Court of Human Rights
- Judge
- Arnfinn Bårdsen
- Judge
- Pauliine Koskelo
- Judge
- Jovan Ilievski
- Judge
- Péter Paczolay
- Judge
- Davor Derenčinović
- Judge
- Gediminas Sagatys
- Judge
- Stéphane Pisani