Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID.

I. PROCEDURAL BACKGROUND
II. REQUEST TO FILE NEW EVIDENCE
A. Claimants' Position
B. Respondent's Position
C. Analysis
III. REQUEST FOR ASSISTANCE
A. Claimants' Position
B. Respondent's Position
C. Analysis
IV. REQUEST FOR PROVISIONAL MEASURES
A. Claimants' Position
B. Respondent's Position
C. Analysis
V. DECISION

I. PROCEDURAL BACKGROUND

On 15 January 2021, the Claimants submitted a request to file new documents into the record (the "Request to File New Evidence") and a request for assistance to acquire certain documents (the "Request for Assistance").

...

V. DECISION

For the reasons set forth above, considering the present state of the record, the Tribunal:

(i) Denies the Claimants' request to admit the "Bankruptcy Trustee's Reports", "[d]ocuments related to the sale of BD Agro's land announced in December 2020", "[l]ist of land plots owned by Serbia in the cadastral area of Dobanovci" and "[m]ap of certain land plots identified in Ms. Ilic's Second Expert Report";

(ii) Grants the Claimants' request to admit the documents containing ""Information about Location" for individual land plots within the Construction land in Zones A, B, and C in Dobanovci." The Claimants should file these documents with appropriate exhibit numbers by 19 March 2021. By 2 April 2021, the Respondent may comment on the documents if it so wishes;

(iii) Denies the Claimants' request to order the Respondent to produce the Expropriation Documents or to provide assistance necessary to allow the Claimants to obtain these documents;

(iv) Denies the Claimants' request for the provisional measures reproduced at paragraph 40 above;

(v) Reserves costs for a later decision.

On behalf of the Tribunal,
[signed]
Professor Gabrielle Kaufmann-Kohler
President of the Tribunal