Arbitral Digest

Matter

Tokios Tokelės v. Ukraine (ICSID Case No. ARB/02/18)

Case no.
ARB/02/18
Applicable rules
ICSID Arbitration Rules · ICSID Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings
  1. 1 July 2003Arbitration

    1 July 2003Arbitration

    Order No. 1 dated July 1, 2003

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered both parties to refrain from, suspend, and discontinue domestic proceedings concerning Tokios Tokelės or its investment in Ukraine that might prejudice an eventual decision or award or aggravate the dispute, and required each party to report implementation within 30 days.

    Supporting details

    1 authority · 5 participants
    Tokios Tokelės
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Prosper Weil
    Arbitrator
    Daniel M. Price

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
  2. 1 July 2003Arbitration

    1 July 2003Arbitration

    Order No. 2 dated July 1, 2003

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted Ukraine's request for bifurcation and directed that its jurisdictional objection be examined as a separate and preliminary issue, without prejudice to a later decision to join that issue to the merits.

    Supporting details

    1 authority · 5 participants
    Tokios Tokelės
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Prosper Weil
    Arbitrator
    Daniel M. Price

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention

    9 months and 28 days later · 303 days

  3. 29 April 2004Arbitration

    29 April 2004Arbitration

    Decision on Jurisdiction dated April 29, 2004

    International Centre for Settlement of Investment Disputes

    Decision summary
    By a majority, the Tribunal decided that the dispute is within the jurisdiction of the Centre and the competence of the Tribunal.

    Supporting details

    3 authorities · 6 participants
    Tokios Tokelės
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Prosper Weil
    Arbitrator
    Daniel M. Price
    Tribunal secretary
    Martina Polasek

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • Agreement between Ukraine and Lithuania for the Promotion and Reciprocal Protection of Investments (Ukraine-Lithuania BIT, February 8, 1994)
      treaty
    • Vienna Convention on the Law of Treaties, May 22, 1969
      treaty

    8 months and 20 days later · 264 days

  4. 18 January 2005Arbitration

    18 January 2005Arbitration

    Order No. 3 dated January 18, 2005

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the requests for provisional measures concerning the arrest of TS II assets and its tax investigation, found that investigations were not covered by Order No. 1, and held that the request concerning diplomatic protection was inconsistent with the Claimant's Article 26 obligation but did not warrant discontinuance. It also ordered a schedule for written pleadings and addressed document production requests.

    Supporting details

    1 authority · 4 participants
    Tokios Tokelės
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lord Mustill
    Tribunal secretary
    Martina Polasek

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention

    9 months and 17 days later · 290 days

  5. 4 November 2005Arbitration

    4 November 2005Arbitration

    Order No. 4 dated November 4, 2005

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal postponed the Respondent's additional jurisdictional objections until the merits hearing and rejected the Respondent's request to discontinue the arbitration. It held that correspondence with a state other than the home state did not infringe Article 26 and that Article 26 did not provide for automatic termination of a properly commenced arbitration.

    Supporting details

    1 authority · 3 participants
    Tokios Tokelės
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lord Mustill

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
  6. 4 November 2005Arbitration

    4 November 2005Arbitration

    Order No. 5 dated November 4, 2005

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed that the hearing on jurisdiction and merits would commence on January 16, 2006 in Paris, set the hearing duration, and directed the parties on witness notification and evidence.

    Supporting details

    3 participants
    Tokios Tokelės
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lord Mustill

    1 year, 8 months and 22 days later · 629 days

  7. 26 July 2007Arbitration

    26 July 2007Arbitration

    Award dated July 26, 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed Ukraine's objections to jurisdiction, dismissed the Claimant's claim for breach of Article 5 of the Treaty, and, by a majority, dismissed the claims for breach of Articles 2 and 3. Each party was ordered to bear its own legal costs and expenses, and each party was ordered to contribute one half of the costs of the proceedings.

    Supporting details

    3 authorities · 7 participants
    Tokios Tokelės
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lord Mustill
    Arbitrator
    Daniel M. Price
    Tribunal secretary
    Martina Polasek
    Tribunal secretary
    Jessica Wells

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • Agreement between Ukraine and Lithuania for the Promotion and Reciprocal Protection of Investments (Ukraine-Lithuania BIT, February 8, 1994)
      treaty
    • Wena Hotels Ltd. v. Arab Republic of Egypt, Decision of February 5, 2002, 41 ILM 933 (2002)
      case law

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Tokios Tokelės v. Ukraine (ICSID Case No. ARB/02/18) · Matter