Arbitral Digest

Matter

Phoenix Action Ltd v. Czech Republic (ICSID Case No. ARB/06/5)

Case no.
ARB/06/5
Applicable rules
ICSID Arbitration Rules · ICSID Institution Rules
  1. 6 April 2007Arbitration

    6 April 2007Arbitration

    Decision on Provisional Measures dated 6 April 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the requested provisional measures.

    Supporting details

    2 participants
    Phoenix Action Ltd
    Czech Republic
    International Centre for Settlement of Investment Disputes

    6 months and 5 days later · 188 days

  2. 11 October 2007Arbitration

    11 October 2007Arbitration

    Procedural Order No. 1 dated 11 October 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal bifurcated the proceedings and suspended the proceedings on the merits to address the Czech Republic's jurisdictional objections as a preliminary matter.

    Supporting details

    2 participants
    Phoenix Action Ltd
    Czech Republic
    International Centre for Settlement of Investment Disputes

    1 year, 6 months and 4 days later · 552 days

  3. 15 April 2009Arbitration

    15 April 2009Arbitration

    Award dated 15 April 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously decided that the dispute was not within the jurisdiction of the Centre or the competence of the Tribunal because the purported investment did not qualify as a protected investment under the Washington Convention and the Israel-Czech Republic BIT. It ordered Phoenix Action Ltd to pay the Czech Republic CZK 21,417,199.13 and USD 196,000.00 for legal fees, expenses, and the Respondent's contribution to the costs of the proceedings.

    Supporting details

    6 authorities · 5 participants
    Phoenix Action Ltd
    Czech Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Brigitte Stern
    Arbitrator
    Andreas Bucher

    Authorities cited

    6
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington Convention)
      statute
    • Agreement between the Government of the Czech Republic and the Government of the State of Israel for the Reciprocal Promotion and Protection of Investments (1997 Israel-Czech Republic BIT)
      statute
    • Vienna Convention on the Law of Treaties
      statute
    • Salini Costruttori S.p.A. and Italstrade S.p.A. v. Kingdom of Morocco (ICSID Case No. ARB/00/4, Decision on Jurisdiction, July 23, 2001)
      case law
    • Inceysa Vallisoletana S.L. v. Republic of El Salvador (ICSID Case No. ARB/03/26, Award, August 2, 2006)
      case law
    • Plama Consortium Limited v. Republic of Bulgaria (ICSID Case No. ARB/03/24, Award, August 27, 2008)
      case law

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Phoenix Action Ltd v. Czech Republic (ICSID Case No. ARB/06/5) · Matter