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Peteris Pildegovics and SIA North Star v. Kingdom of Norway, ICSID Case No. ARB/20/11

Short Name:

Pildegovics and North Star v. Norway

Seat of Arbitration:
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Available documents

27 Feb 2017
Arctic Fishing and SIA North Star Notice of Dispute
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Arctic Fishing and SIA North Star Notice of Dispute
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ICSID Annulment Committee president
ICSID Annulment Committee members
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Arctic Fishing and SIA North Star Notice of Dispute
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8 Mar 2019
Notice of Dispute
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Notice of Dispute
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Notice of Dispute
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18 Mar 2020
Request for Arbitration
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Request for Arbitration
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Request for Arbitration
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12 Oct 2020
Decision on Bifurcation and Other Matters
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Decision on Bifurcation and Other Matters
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Decision on Bifurcation and Other Matters
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Procedural Context

This Decision, issued by an ICSID tribunal constituted under the Latvia-Norway BIT, addresses several procedural matters raised by the parties during the first session. It supplements Procedural Order No. 1 by providing a fuller explanation for the Tribunal's rulings on contested issues, including bifurcation, witness presence, confidentiality, and document production.

The Tribunal's Decision on Bifurcation

The Tribunal denied the Claimants' request for an immediate decision to either order bifurcation or preclude a future request for it. The Claimants argued that an early decision was necessary for expedition, given their status as a small enterprise. The Respondent contended that the Tribunal lacked the power to decide on bifurcation before a formal jurisdictional objection was filed, pursuant to Article 41 of the ICSID Arbitration Rules, and that such a decision would be premature.

The Tribunal expressed "serious doubts" regarding its power to rule on bifurcation at this preliminary stage, noting that its authority under Article 41(3) is triggered "upon the raising of a formal objection." Even assuming it possessed such power, the Tribunal found it would be inappropriate to exercise it without knowing the substance of any potential jurisdictional objections, as it could not make a "sensible assessment" of whether bifurcation would enhance procedural efficiency. The Tribunal instead established a procedural timetable requiring the Respondent to make any bifurcation request within four weeks of receiving the Claimants' Memorial.

Rulings on Other Procedural Matters

The Tribunal also addressed several other contested issues. It rejected, for the time being, the Claimants' proposal to permit a non-party business partner (Mr. Kirill Levanidov) to be present in the hearing room before his testimony, finding his presence was not demonstrated to be necessary for counsel to receive instructions. The Tribunal declined to issue a separate confidentiality order, instead incorporating the relevant provisions into Procedural Order No. 1 and rejecting the Claimants' proposal for a two-tiered system of confidentiality as "unnecessary and inappropriate." Finally, the Tribunal deferred a decision on the Claimants' request for a round of document production on jurisdictional matters, stating the issue would be determined if and when a decision to bifurcate is made.



12 Oct 2020
Procedural Order No. 1
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Procedural Order No. 1
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Procedural Order No. 1
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Procedural Framework

This Procedural Order No. 1, issued by the Arbitral Tribunal following its first session on 28 September 2020, establishes the comprehensive procedural framework for the arbitration. Pursuant to ICSID Arbitration Rules 19 and 20, the Order confirms the proper constitution of the Tribunal and sets forth the rules that will govern the proceedings, having considered the parties' comments on a prior draft.

Key Procedural Determinations

The Tribunal directs that the proceedings will be conducted under the ICSID Arbitration Rules in force as of 10 April 2006. The Order designates Paris as the place of the proceeding and English as the procedural language. It outlines detailed protocols for party representation, the routing of communications through the ICSID Secretariat, and the electronic filing of pleadings and evidence. The Order further provides that document production will be guided by the International Bar Association (IBA) Rules on the Taking of Evidence, utilizing a Redfern Schedule for any requests.

Evidentiary and Hearing Procedures

The Order sets forth specific rules for the submission of witness statements and expert reports, which are to be filed with the parties' pleadings. It details the procedures for the examination of witnesses and experts at the hearing, including time limits for direct examination and the sequence of cross-examination and redirect. The Tribunal also provides for public access to hearings via livestream, subject to arrangements to protect confidential information. The Order includes annexes containing electronic filing guidelines (Annex A), a detailed timetable of proceedings (Annex B), and a template for the Redfern Schedule (Annex C).



21 Dec 2020
Procedural Order No. 2
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Procedural Order No. 2
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Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
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Procedural Order No. 2
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8 Mar 2021
Witness Statement of Geir Knutsen (Norwegian)
Witness Statement of Geir Knutsen (English Translation)
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Witness Statement of Geir Knutsen (Norwegian)
Witness Statement of Geir Knutsen (English Translation)
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Witness Statement of Geir Knutsen (Norwegian)
Witness Statement of Geir Knutsen (English Translation)
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10 Mar 2021
Expert Report of Dr. Anders Ryssdal
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Expert Report of Dr. Anders Ryssdal
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Expert Report of Dr. Anders Ryssdal
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11 Mar 2021
Expert Report of Dr. Brooks A. Kaiser
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Expert Report of Dr. Brooks A. Kaiser
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Expert Report of Dr. Brooks A. Kaiser
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11 Mar 2021
First Witness Statement of Kirill Levanidov
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First Witness Statement of Kirill Levanidov
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Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
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First Witness Statement of Kirill Levanidov
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11 Mar 2021
Claimants’ Memorial
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Claimants’ Memorial
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Claimants’ Memorial
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11 Mar 2021
First Witness Statement of Peteris Pildegovics
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First Witness Statement of Peteris Pildegovics
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Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
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First Witness Statement of Peteris Pildegovics
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8 Apr 2021
Respondent's Request for Bifurcation
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Respondent's Request for Bifurcation
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Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
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Respondent's Request for Bifurcation
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9 Apr 2021
Letter from Claimant Regarding Norway’s Request for Bifurcation and Procedural Schedule
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Letter from Claimant Regarding Norway’s Request for Bifurcation and Procedural Schedule
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Claimant appointee:
Respondent appointee
Respondent appointee:
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Arbitrator(s)
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Letter from Claimant Regarding Norway’s Request for Bifurcation and Procedural Schedule
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6 May 2021
Claimants' Observations on Respondent's Application for Bifurcation
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Claimants' Observations on Respondent's Application for Bifurcation
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Claimants' Observations on Respondent's Application for Bifurcation
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1 Jun 2021
Procedural Order No. 3
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Procedural Order No. 3
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ICSID Annulment Committee members
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Procedural Order No. 3
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30 Jun 2021
Procedural Order No. 4
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Procedural Order No. 4
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ICSID Annulment Committee president
ICSID Annulment Committee members
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Procedural Order No. 4
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29 Oct 2021
Respondent Counter-Memorial and Memorial on Jurisdiction
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Respondent Counter-Memorial and Memorial on Jurisdiction
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Claimant's counsel
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Respondent Counter-Memorial and Memorial on Jurisdiction
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29 Oct 2021
Respondent Factual Exhibits Index
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Respondent Factual Exhibits Index
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Claimant's counsel
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Respondent Factual Exhibits Index
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29 Oct 2021
Respondent Legal Authorities Index
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Respondent Legal Authorities Index
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Respondent Legal Authorities Index
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29 Oct 2021
Respondent's Counter-Memorial and Memorial on Jurisdiction
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Respondent's Counter-Memorial and Memorial on Jurisdiction
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Respondent's Counter-Memorial and Memorial on Jurisdiction
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6 Dec 2021
Procedural Order No. 5
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Procedural Order No. 5
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ICSID Annulment Committee members
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WTO Appellate Body chair
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Procedural Order No. 5
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22 Dec 2021
Procedural Order No. 6
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Procedural Order No. 6
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Chair/President:
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
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Respondent's expert
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Procedural Order No. 6
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28 Feb 2022
Addendum to Expert Report of Dr. Brooks Kaiser
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Addendum to Expert Report of Dr. Brooks Kaiser
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Addendum to Expert Report of Dr. Brooks Kaiser
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28 Feb 2022
Claimants Index of Factual Exhibits
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Claimants Index of Factual Exhibits
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Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Claimants Index of Factual Exhibits
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28 Feb 2022
Claimants Index of Legal Authorities
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Claimants Index of Legal Authorities
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Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
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Claimant's counsel
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Claimants Index of Legal Authorities
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28 Feb 2022
Second Witness Statement of Kirill Levanidov
Index of Factual Exhibits
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Second Witness Statement of Kirill Levanidov
Index of Factual Exhibits
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ICSID Annulment Committee president
ICSID Annulment Committee members
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WTO Appellate Body chair
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Second Witness Statement of Kirill Levanidov
Index of Factual Exhibits
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28 Feb 2022
Second Witness Statement of Peteris Pildegovics
Index of Factual Exhibits
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Second Witness Statement of Peteris Pildegovics
Index of Factual Exhibits
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Claimant appointee
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Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
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Second Witness Statement of Peteris Pildegovics
Index of Factual Exhibits
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28 Feb 2022
Claimants' Reply to Respondent's Counter Memorial on the Merits and Counter-Memorial on Jurisdiction
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Claimants' Reply to Respondent's Counter Memorial on the Merits and Counter-Memorial on Jurisdiction
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ICSID Annulment Committee members
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Claimant's counsel
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Respondent's witness
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Claimants' Reply to Respondent's Counter Memorial on the Merits and Counter-Memorial on Jurisdiction
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28 Feb 2022
Addendum to Expert Report of Dr. Anders Ryssdal
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Addendum to Expert Report of Dr. Anders Ryssdal
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Addendum to Expert Report of Dr. Anders Ryssdal
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26 Oct 2022
Procedural Order No. 8
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Procedural Order No. 8
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Procedural Order No. 8
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Organizational Framework for the Hearing

This Procedural Order No. 8 establishes the comprehensive framework for the forthcoming hearing, scheduled to commence on 31 October 2022. Issued following a Pre-Hearing Conference, the order sets out the procedural rules and logistical arrangements that will govern the proceedings, memorializing agreements between the parties and determinations made by the Tribunal.

Hearing Schedule and Evidentiary Procedures

The Tribunal directs a five-day hearing schedule, allocating specific time for each party's opening and closing submissions, rebuttals, and responses to Tribunal questions. The order details the procedures for witness and expert examination, including time limits for direct examination and the sequence of testimony. It also governs the submission of hearing materials, setting deadlines for a joint list of substantive issues, a chronology of facts, and a consolidated hyperlinked index. The use of demonstrative exhibits is permitted, provided they contain no new evidence.

Transparency and Logistical Arrangements

The order confirms that the hearing will be held in person in London and will be accessible to the public via livestream, with protocols in place to protect confidential information. It further addresses the creation of verbatim transcripts, the submission of post-hearing memorials, and the final statements of costs.



23 Feb 2023
Procedural Order No. 9
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Procedural Order No. 9
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Procedural Order No. 9
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22 Dec 2023
Award
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22 Feb 2024
Request for Annulment
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Request for Annulment
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Request for Annulment
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10 Apr 2024
Request for Continuation of Stay of Enforcement
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Request for Continuation of Stay of Enforcement
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Request for Continuation of Stay of Enforcement
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19 Apr 2024
Norway’s Observations on Continuation of Stay of Stay of Enforcement
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Norway’s Observations on Continuation of Stay of Stay of Enforcement
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Norway’s Observations on Continuation of Stay of Stay of Enforcement
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26 Apr 2024
Claimants' Response on Continuation of Stay of Enforcement
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Claimants' Response on Continuation of Stay of Enforcement
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Claimants' Response on Continuation of Stay of Enforcement
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1 May 2024
Norway’s Further Observations on Continuation of Stay of Enforcement
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Norway’s Further Observations on Continuation of Stay of Enforcement
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Norway’s Further Observations on Continuation of Stay of Enforcement
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7 Nov 2024
Decision on Stay of Enforcement
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Decision on Stay of Enforcement
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Decision on Stay of Enforcement
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8 Nov 2024
Procedural Order No. 1
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Procedural Order No. 1
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Procedural Order No. 1
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8 Nov 2024
Norway's Application for Security for Costs
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Norway's Application for Security for Costs
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Norway's Application for Security for Costs
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18 Nov 2024
Claimants' Observations on Security for Costs
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Claimants' Observations on Security for Costs
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Claimants' Observations on Security for Costs
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20 Dec 2024
Procedural Order No. 2 (Decision on the Respondent’s Request for Security for Cost)
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Procedural Order No. 2 (Decision on the Respondent’s Request for Security for Cost)
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Procedural Order No. 2 (Decision on the Respondent’s Request for Security for Cost)
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21 Jan 2025
Claimants' Memorial on Annulment
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Claimants' Memorial on Annulment
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Claimants' Memorial on Annulment
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4 Feb 2025
Peteris Pildegovics and SIA North Star’s request for document production
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Peteris Pildegovics and SIA North Star’s request for document production
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Peteris Pildegovics and SIA North Star’s request for document production
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18 Feb 2025
Kingdom of Norway’s observations on document production
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Kingdom of Norway’s observations on document production
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Kingdom of Norway’s observations on document production
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6 Mar 2025
Procedural Order No. 3
Redfern Schedule
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Procedural Order No. 3
Redfern Schedule
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Procedural Order No. 3
Redfern Schedule
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22 Apr 2025
Norway’s Counter-Memorial on Annulment
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Norway’s Counter-Memorial on Annulment
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Norway’s Counter-Memorial on Annulment
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6 May 2025
Claimants' Second Request for Document Production
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Claimants' Second Request for Document Production
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Claimants' Second Request for Document Production
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15 May 2025
Claimants' Request for Admissibility of New Evidence
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Claimants' Request for Admissibility of New Evidence
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Claimants' Request for Admissibility of New Evidence
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27 May 2025
Norway’s Observations on Requests for Document Production and Admissibility of New Evidence
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Norway’s Observations on Requests for Document Production and Admissibility of New Evidence
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Norway’s Observations on Requests for Document Production and Admissibility of New Evidence
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11 Jun 2025
Procedural Order No. 4
Procedural Order No. 4 – Redfern Schedule
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Procedural Order No. 4
Procedural Order No. 4 – Redfern Schedule
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Procedural Order No. 4
Procedural Order No. 4 – Redfern Schedule
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7 Jul 2025
Claimants' Request for Admissibility of New Evidence
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Claimants' Request for Admissibility of New Evidence
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Claimants' Request for Admissibility of New Evidence
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8 Jul 2025
Claimants' Reply on Annulment
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Claimants' Reply on Annulment
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Claimants' Reply on Annulment
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14 Jul 2025
Norway’s Observations on Request for Admissibility of New Evidence
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Norway’s Observations on Request for Admissibility of New Evidence
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Norway’s Observations on Request for Admissibility of New Evidence
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16 Jul 2025
Decision on Request for Admissibility of New Evidence
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Decision on Request for Admissibility of New Evidence
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Decision on Request for Admissibility of New Evidence
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Decision on the Admission of Evidence

This document is a letter from the Secretary of the ad hoc Committee in the annulment proceeding of ICSID Case No. ARB/20/11. It communicates the Committee's decision regarding the Applicants' request to admit new exhibits (A-0206 to A-0224) into the record, pursuant to section 15.5 of Procedural Order No. 1, which requires a showing of special circumstances.

The Applicants sought to admit documents produced by the Respondent during document production (A-0206 to A-0221), lists of those documents (A-0222 to A-0223), and the LinkedIn profile of the Respondent's lead counsel (A-0224), which they argued supported a claim of inequality of the parties. The Respondent did not oppose the admission of the first set of documents, provided the Committee found special circumstances, but objected to the Applicants' rationale for admitting the LinkedIn profile.

The Committee ruled to admit Exhibits A-0206 to A-0223, finding that they presented special circumstances justifying their inclusion in the annulment record. However, the Committee denied the admission of Exhibit A-0224. The Committee reasoned that the LinkedIn profile is a publicly available document that was presumably accessible to the Applicants previously, and that the Applicants had failed to demonstrate sufficient special circumstances to warrant its admission at this stage of the proceeding.



26 Aug 2025
Norway’s Rejoinder on Annulment
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Norway’s Rejoinder on Annulment
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Norway’s Rejoinder on Annulment
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8 Jun 2026
Annulment Committee’s Decision on the Hearing and Advances on Costs
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Annulment Committee’s Decision on the Hearing and Advances on Costs
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Annulment Committee’s Decision on the Hearing and Advances on Costs
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Procedural Background

In the annulment proceedings of Peteris Pildegovics and SIA North Star v. Kingdom of Norway (ICSID Case No. ARB/20/11), the ad hoc Committee addressed the Applicants' urgent request concerning a USD 250,000 call for funds issued by ICSID. The Applicants sought to delay the payment deadline until after the scheduled hearing, requested a 50-50 reapportionment of the advance on costs, and proposed a remote hearing as an alternative to the planned in-person format in Paris.

Parties' Positions

The Applicants argued that severe financial distress, exacerbated by the global fuel crisis impacting the fisheries industry, justified the deferral and reapportionment. They further invoked EU and EEA legal principles regarding effective access to justice. The Respondent opposed the application, characterizing the Applicants as serial non-payers whose previous defaults had already caused two procedural suspensions and significant prejudice. The Respondent maintained that ICSID rules strictly allocate annulment costs to the applicant and disputed the relevance of the cited European judicial frameworks.

Committee's Analysis and Decision

To mitigate further expenses for all participants, the Committee first determined that the hearing would be conducted remotely rather than in person. Turning to the allocation of costs, the Committee denied the Applicants' request for reapportionment. The Committee emphasized that ICSID Administrative and Financial Regulation 15(5) explicitly places the sole financial responsibility for advance payments in annulment proceedings on the applicant, distinguishing this framework from the default 50-50 allocation applicable in initial arbitration proceedings.

Finally, regarding the request to defer the payment deadline, the Committee concluded it lacked the authority to grant such relief. The Committee noted that Article 44 of the ICSID Convention does not apply to the Centre's Administrative and Financial Regulations, thereby vesting the exclusive power to manage payment deadlines, issue default notices, and suspend proceedings for non-payment with the ICSID Secretary-General.