Originally from Journal of Damages in International Arbitration

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On December 17, 2015, the ICSID tribunal in Hrvatska Elektroprivreda v. Slovenia, composed of David A. R. Williams QC, Charles N. Brower, and Jan Paulsson (the “Tribunal”), issued its Award (on quantum), finding Slovenia liable to Hrvatska Elektroprivreda for € 19,987,000 plus interest at a rate of EURIBOR plus 2%, compounded semi-annually, from 1 July 2002 until the date of payment of the Award, and US$ 10,000,000 in costs. This decision brings to a conclusion the Hrvatska saga, which began in 2005 and gave rise to a controversial ruling by the Tribunal to exclude a barrister from acting as counsel to one of the Parties because of a potential conflict of interest with one of the arbitrators.