Marfin Investment Group Holdings S.A., Alexandros Bakatselos and others v Republic of Cyprus - ICSID Case No. ARB/13/27 - Award - 26 July 2018
Country
Year
2018
Summary
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III. THE PARTIES' REQUESTS FOR RELIEF
178. Claimants request that the Tribunal:
"(a) DECLARE that Cyprus has breached the Treaty;
(b) ORDER Cyprus to compensate the Claimants for its breaches of the Treaty, in the aggregate principal amount of €1,041.1 million, plus interest accruing from 26 October 2011 to the date of full and effective payment of compensation;
(c) ORDER Cyprus to compensate MIG, in the amount of €50 million, and Mr Vgenopoulos, in the amount of €10 million, for the moral and reputational harm caused by Cyprus' breaches of the Treaty;
(d) ORDER Cyprus to pay the costs incurred by MIG and Mr Vgenopoulos in defending against and responding to the proceedings and investigations instituted or preserved by Cyprus;
(e) ORDER Cyprus to make a formal and unqualified apology to Mr Vgenopoulos, MIG and MIG's staff, for the unjustified, vexatious and oppressive proceedings, including decisions, orders and other acts of the Cypriot courts and administrative authorities;
(f) ORDER Cyprus to pay all of the costs and expenses of this arbitration, including the fees and expenses of the Tribunal, the fees and expenses of any experts appointed by the Tribunal and the Claimants, the fees and expenses of the Claimants' legal representation in respect of this arbitration, and any other costs of this arbitration; and
(g) AWARD such other relief as the Tribunal considers appropriate.'
179. For its part, Respondent requests that the Tribunal render an award:
"(a) declaring that it lacks jurisdiction to determine the claims presented in the Claimants' Request for Arbitration, Memorial and Reply;
(b) in the alternative, rejecting all of the Claimants' claims on the merits;
(c) in the further alternative, declaring that the Claimants have failed to prove any loss and are not entitled to any compensation or damages;
(d) directing the Claimants, on a joint and several basis, to pay all costs of and associated with this arbitration including Cyprus's attorneys' fees and expenses, experts' fees and expenses, witnesses' expenses, and the fees and expenses of the Tribunal and the Centre, together with interest (including pre- and post-award interest) on all such costs so awarded; and
(e) granting such other relief as the Tribunal considers appropriate."
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XVI. DECISION
For the foregoing reasons, the Tribunal decides as follows:
(a) Dismisses the claims by Messrs. Andreas Vgenopoulos and Alexandros Bakatselos;
(b) Finds that it has jurisdiction to hear the remaining Claimants' claims in this arbitration;
(c) Finds that Respondent, the Republic of Cyprus, has not acted in breach of the Treaty;
(d) Dismisses Claimants' claim for damages;
(c) Orders Claimants to pay Respondent on a joint and several basis the amount of EUR 5,000,000 as compensation for Respondent's reasonable costs in this arbitration;
(f) Dismisses all other claims.
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Footnotes omitted