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ICSID - International Centre for Settlement of Investment Disputes

11/07/2024 | Press release | Distributed by Public on 11/07/2024 23:12

AVAX S.A. v. Lebanese Republic (ICSID Case No. ARB/16/29)

AVAX S.A. v. Lebanese Republic (ICSID Case No. ARB/16/29)

  • Subject of Dispute:
    Electric power generation project
  • Economic Sector:
    Electric Power & Other Energy
  • Instrument(s) Invoked: (i)
    BIT Lebanon - Greece 1997
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    AVAX S.A. (Greek)
  • Respondent(s):
    Lebanese Republic (Lebanese)
  • Date Registered:
    August 17, 2016
  • Date of Constitution of Tribunal:
    May 1, 2017
  • Initial Composition of Tribunal

  • President:
    David D. CARON (U.S.) - Appointed by the Parties
  • Arbitrators:
    Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
    Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)
  • Reconstituted:
    June 25, 2018: John BEECHEY (British) appointed following the passing away of David D. CARON (U.S.)
  • Party Representatives

  • Claimant(s):
    Ioannis Vassardanis and Partners Law Firm, Athens, Greece
    Wilmer Cutler Pickering Hale and Dorr, London, U.K.
    and Washington, D.C., U.S.A.
  • Respondent(s):
    Minister of Energy and Water, Beirut, Lebanon
    Ministry of Justice, Beirut, Lebanon
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    June 20, 2024 -

    The Tribunal renders its award.

(b) Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    November 7, 2024
  • Party Representatives

  • Claimant(s):
    Ioannis Vassardanis and Partners Law Firm, Athens, Greece
    Wordstone Dispute Resolution Law Firm, Paris, France
  • Respondent(s):
    Minister of Energy and Water, Beirut, Lebanon
    Ministry of Justice, Beirut, Lebanon
  • Status of Proceeding:
    Pending
  • Latest Development:
    November 7, 2024 - The Acting Secretary-General registers an application for partial annulment of the award filed by AVAX S.A. and notifies the parties of the provisional stay of enforcement of the award.

No References Available.

(a) Original Proceeding

Date Development
August 17, 2016 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 6, 2017 Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
January 30, 2017 Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
May 1, 2017

Following appointment by the parties, David D. Caron (U.S.) accepts his appointment as presiding arbitrator.

May 1, 2017

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David D. Caron (U.S.), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Zachary Douglas (Australian), appointed by the Respondent.

June 22, 2017 The Tribunal holds a first session by telephone conference.
August 10, 2017 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 20, 2018

Following the passing away of arbitrator David Caron (U.S.), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).

June 25, 2018

Following the passing away of David D. Caron, John Beechey (British) accepts his appointment as President of the Tribunal, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1).

June 25, 2018

The Tribunal is reconstituted. Its members are John Beechey (British), President, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1); Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Zachary Douglas (Australian) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.

July 23, 2018

The Tribunal issues Procedural Order No. 2 concerning the suspension of the proceedings until November 19, 2018.

January 25, 2019

The Tribunal issues Procedural Order No. 3 concerning the suspension of the proceedings until July 4, 2019.

July 9, 2019

The Tribunal issues Procedural Order No. 4 concerning the suspension of the proceedings until January 31, 2020.

February 3, 2020

The Tribunal issues Procedural Order No. 5 concerning the suspension of the proceedings until March 31, 2020.

April 8, 2020

The Tribunal issues Procedural Order No. 6 concerning the suspension of the proceedings until May 31, 2020.

June 22, 2020

The Claimant files a memorial on the merits.

July 23, 2020

The Tribunal issues Procedural Order No. 7 concerning procedural matters.

June 22, 2021

The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.

October 8, 2021

The Tribunal issues Procedural Order No. 8 concerning production of documents.

February 12, 2022

The Claimant files a request for the Tribunal to decide on confidentiality of documents.

February 14, 2022

The Claimant files a Reply on the merits and a counter-memorial on jurisdiction.

February 21, 2022

The Respondent files observations on the Claimant's request of February 12, 2022.

February 28, 2022

The Claimant files a response to the Respondent's observations of February 21, 2022.

March 7, 2022

The Tribunal issues Procedural Order No. 9 concerning the confidentiality of documents.

May 16, 2022

The Tribunal issues Procedural Order No. 10 concerning procedural matters.

July 19, 2022

The Respondent files a rejoinder on the merits and reply on jurisdiction.

September 6, 2022

The President holds a pre-hearing organizational meeting with the parties by video conference.

September 26, 2022

The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.

October 4, 2022 - October 6, 2022

The Tribunal holds a hearing on jurisdiction and the merits in London.

November 14, 2022

The Tribunal holds a hearing on jurisdiction and the merits by videoconference.

December 28, 2022

The Tribunal issues Procedural Order No. 12 concerning procedural matters.

April 12, 2023

Each party files a post-hearing brief.

May 22, 2023

The Tribunal issues Procedural Order No. 13 concerning procedural matters.

July 17, 2023

Each party files a submission on costs.

July 28, 2023

Each party files observations on the other party's submission on costs.

April 11, 2024

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

June 20, 2024

The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
November 7, 2024

The Acting Secretary-General registers an application for partial annulment of the award filed by AVAX S.A. and notifies the parties of the provisional stay of enforcement of the award.