1. On 12 May 2009, EVN AG (the “Claimant”), a company organized under the laws of Austria, filed a request for arbitration (the “Request”), dated 8 May 2009, with the International Centre for Settlement of Investment Disputes (“ICSID” or the “Centre”) against The former Republic of Macedonia (the “Respondent”).
2. In its Request, the Claimant relies on the dispute resolution provisions contained in Articles 12 and 13 of the 2002 Austria ‒ The former Federal Republic of Macedonia bilateral investment treaty (“BIT”) providing for ICSID arbitration, and on the ICSID arbitration provision of Article 26 of the Energy Charter Treaty (“ECT”).
3. On 12 May 2009, ICSID’s Acting Secretary-General acknowledged receipt of the Request in accordance with Rule 5 of the ICSID Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (the “ICSID Institution Rules”) and transmitted copies of the Request to the Respondent and the Embassy of Macedonia in Washington, D.C.
4. The Request was registered by the Acting Secretary-General of ICSID on 3 June 2009, pursuant to Article 36(3) of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”).