Case Details
Edenred S.A. v. Hungary (ICSID Case No. ARB/13/21)
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Food voucher services
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Other Industry
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BIT France - Hungary 1986
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ICSID Convention - Arbitration Rules
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Edenred S.A. (French)
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Hungary (Hungarian)
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September 9, 2013
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March 5, 2014
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Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
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Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Claus VON WOBESER (Mexican) - Appointed by the Respondent(s) -
Hogan Lovells (Paris), Paris, France
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Baker & McKenzie, New York, NY, U.S.A., Budapest, Hungary and Toronto, Canada
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English
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Concluded
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December 13, 2016 - The Tribunal renders its award.
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Respondent(s)
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April 18, 2017 (Respondent(s))
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July 19, 2017
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Doug JONES (Australian, Irish)
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Pierre TERCIER (Swiss)
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September 15, 2017: Abdulqawi Ahmed YUSUF (Somali) appointed following the resignation of Pierre TERCIER (Swiss)
April 3, 2018: Lucinda A. LOW (U.S.) appointed following the resignation of Abdulqawi Ahmed YUSUF (Somali)
October 1, 2018: Doug JONES (Australian ,Irish) appointed following the resignation of Lucinda A. LOW (U.S.)
October 1, 2018: Hi-Taek SHIN (Korean) appointed following the resignation of Gaëtan VERHOOSEL (British ,Belgian) -
DLA Piper, Budapest, Hungary
Horvath and Partners Law Firm, Budapest, Hungary -
Hogan Lovells (Paris), Paris, France
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English
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Concluded
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March 9, 2020 - The ad hoc Committee issues a decision on annulment.
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Respondent(s)
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June 6, 2018 (Respondent(s))
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June 8, 2018
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Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
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Pierre-Yves TSCHANZ (Irish, Swiss) - Appointed by the Claimant(s)
Claus VON WOBESER (Mexican) - Appointed by the Respondent(s) -
Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
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Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Claus VON WOBESER (Mexican) - Appointed by the Respondent(s) -
October 16, 2018: Pierre-Yves TSCHANZ (Swiss ,Irish) appointed following the passing away of Francisco ORREGO VICUÑA (Chilean)
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Hogan Lovells (Paris), Paris, France
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Horváth and Partners DLA Piper, Budapest, Hungary
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English
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Concluded
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February 7, 2019 - The Tribunal issues a decision on revision.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Initial Composition of Tribunal
Party Representatives
(c) Revision Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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September 9, 2013 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 4, 2013 | Following appointment by the Claimant, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator. |
December 9, 2013 | Following appointment by the Respondent, Claus von Wobeser (Mexican/German) accepts his appointment as arbitrator. |
January 22, 2014 | The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention. |
March 5, 2014 | Following appointment by the parties, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator. |
March 5, 2014 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto(Spanish), President, appointed by agreement of the parties; Francisco Orrego Vicuña (Chilean), appointed by the Claimant; and Claus von Wobeser (Mexican/German), appointed by the Respondent. |
April 4, 2014 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
April 17, 2014 | The Tribunal holds a first session by telephone conference. |
April 25, 2014 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
May 7, 2014 | The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
June 6, 2014 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
August 1, 2014 | The Claimant files a memorial on jurisdiction, the merits and quantum. |
September 12, 2014 | The Respondent files a memorial on preliminary objections and a request to address the objections to jurisdiction as a preliminary question. |
September 26, 2014 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
October 16, 2014 | The Tribunal issues a decision concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
January 23, 2015 | The Respondent files a counter-memorial on the merits and quantum. |
February 27, 2015 | Each party files a request for the Tribunal to decide on production of documents. |
April 6, 2015 | The Tribunal issues Procedural Order No. 2 concerning the production of documents. |
May 7, 2015 | The Claimant files a reply on the merits and a counter-memorial on preliminary objections. |
July 26, 2015 | The Respondent files a rejoinder on the merits and a reply on preliminary objections. |
September 9, 2015 | The Tribunal issues Procedural Order No. 3 on document production. |
September 18, 2015 | The Claimant files a rejoinder on preliminary objections. |
October 2, 2015 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 22, 2015 | The Tribunal issues Procedural Order No. 4 on the exclusion of evidence and witness testimony by video-conference. |
November 2, 2015 - November 4, 2015 | The Tribunal holds a hearing on the merits in Washington, D.C. |
November 13, 2015 | The Tribunal issues Procedural Order No. 5 on post-hearing matters. |
February 1, 2016 | Each party files a post-hearing brief. |
February 15, 2016 | Each party files a reply post-hearing brief. |
April 22, 2016 | Each party files a statement of costs. |
November 29, 2016 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
December 13, 2016 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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April 18, 2017 | The Secretary-General registers an application for annulment of the award filed by Hungary. |
July 19, 2017 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Pierre Tercier (Swiss), President; Dorothy Ufot (Nigerian); and Gaëtan Verhoosel (Belgian); all members appointed by the Chairman of the Administrative Council. |
July 24, 2017 | Following the resignation of ad hoc Committee member Pierre Tercier (Swiss), the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and of the suspension of the proceeding pursuant to ICSID Arbitration Rules 53 and 10(2). |
September 15, 2017 | The ad hoc Committee is reconstituted. Its members are: Abdulqawi Ahmed Yusuf (Somali), Dorothy Ufot (Nigerian), Gaëtan Verhoosel (Belgian); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12. |
October 31, 2017 | The ad hoc Committee holds a first session by telephone conference. |
November 20, 2017 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
February 27, 2018 | Following the resignation of ad hoc Committee member Abdulqawi Ahmed Yusuf, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2). |
April 3, 2018 | The ad hoc Committee is reconstituted. Its members are Lucinda Low (U.S.), President); Dorothy Ufot (Nigerian); and Gaëtan Verhoosel (Belgian); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 12 and 53. |
April 26, 2018 | Hungary files a memorial on annulment. |
June 8, 2018 | Hungary files request to suspend the annulment proceeding. |
June 20, 2018 | Edenred S.A. files observations on Hungary’s request of June 8, 2018. |
July 30, 2018 | Following the resignation of ad hoc Committee member Gaëtan Verhoosel, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2). |
September 4, 2018 | Following the resignation of ad hoc Committee member Lucinda A. Low, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2). |
October 1, 2018 | The ad hoc Committee is reconstituted. Its members are Doug Jones (Australian, Irish), President; Hi-Taek Shin (Korean); and Dorothy Udeme Ufot (Nigerian); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12. |
November 27, 2018 | The Tribunal holds a hearing on Hungary’s request to suspend the annulment proceeding by telephone conference. |
January 3, 2019 | The ad hoc Committee issues Procedural Order No. 2 concerning Hungary’s request to suspend the annulment proceeding. |
January 3, 2019 | The proceeding is suspended pursuant to the decision of the ad hoc Committee. |
February 25, 2019 | The ad hoc Committee issues Procedural Order No. 3 resuming the annulment proceeding. |
April 2, 2019 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
April 17, 2019 | Each party files observations on the non-disputing party’s application. |
April 24, 2019 | Each party files further observations on the non-disputing party’s application. |
April 30, 2019 | The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 31, 2019 | Edenred S.A. files a counter-memorial on annulment. |
September 20, 2019 | Hungary files a reply on annulment. |
December 6, 2019 | Edenred S.A. files a rejoinder on annulment. |
January 17, 2020 | The ad hoc Committee issues Procedural Order No. 5 concerning the organization of the hearing. |
January 27, 2020 | The ad hoc Committee holds a hearing on annulment in London. |
February 12, 2020 | Each party files a submission on costs. |
February 18, 2020 | Edenred S.A. files observations on Hungary’s submission on costs. |
February 26, 2020 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
March 9, 2020 | The ad hoc Committee issues a decision on annulment. |
(c) Revision Proceeding
Date | Development |
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June 6, 2018 | The Secretary-General registers an application for revision of the award filed by Hungary. |
June 8, 2018 | The original Tribunal is reconstituted in accordance with ICSID Arbitration Rule 51(2). Its members are: Juan Fernández-Armesto (Spanish), President; Francisco Orrego Vicuña (Chilean); and Claus von Wobeser (Mexican/German). |
July 9, 2018 | Edenred S.A. files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
July 25, 2018 | Hungary files observations on Edenred S.A.’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
July 27, 2018 | The Tribunal holds a first session by telephone conference. |
August 24, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
October 2, 2018 | Following the passing away of arbitrator Francisco Orrego-Vicuña (Chilean), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
October 16, 2018 | Following the passing away of arbitrator Francisco Orrego-Vicuña, Pierre-Yves Tschanz (Swiss/Irish) appointed by the Claimants, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1). |
October 16, 2018 | The Tribunal is reconstituted. Its members are: Professor Juan Fernández-Armesto (Spanish), President, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1); Mr. Pierre-Yves Tschanz (Irish/Swiss), appointed by the Claimant; and Dr. Claus von Wobeser (Mexican), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
February 7, 2019 | The Tribunal issues a decision on revision. |