Swisslion DOO Skopje v. Macedonia, former Yugoslav Republic (ICSID Case No. ARB/09/16) Award (July 6, 2012)
I. PROCEDURE
1. On 9 July 2009, the International Centre for Settlement of Investment Disputes (“ICSID” or “the Centre”) received by e-mail from Swisslion DOO Skopje (“Swisslion” or the “Claimant”) a Request for Arbitration (“Request”) against The former Yugoslav Republic of Macedonia (the “Respondent”). The Request states that Swisslion is a company organised under the laws of The former Yugoslav Republic of Macedonia, owned by DRD Swisslion AG, a company incorporated under the laws of the Swiss Confederation, and by Mr. Rodoljub Draskovic, a dual national of the Swiss Confederation and of the Republic of Serbia. The Claimant’s Request asserts claims under the Agreement between the Macedonian Government and the Swiss Federal Council on the Promotion and Reciprocal Protection of Investments, signed on 26 September 1996 (the “Treaty”).
2. The Centre received the prescribed lodging fee on 30 July 2009 and the hard copies of the Request on 6 August 2009. On 7 August 2009, in accordance with Rule 5 of the ICSID Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (“the ICSID Institution Rules”), the Centre acknowledged receipt of the Request and, on the same date, transmitted copies to The former Yugoslav Republic of Macedonia and to its Embassy in Washington, D.C.
3. The Request, as supplemented by the Claimant’s letters of 20 and 21 August 2009, was registered on 21 August 2009, pursuant to Article 36(3) of the ICSID Convention. In the Notice of Registration, the Secretary-General invited the Parties, in accordance with Rule 7(d) of the Institution Rules, to proceed as soon as possible to constitute the Tribunal pursuant to Articles 37-40 of the ICSID Convention.