Arbitral Digest

Matter

Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16)

Case no.
ARB/07/16
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 19 March 2010Arbitration

    19 March 2010Arbitration

    Decision on Respondent's Proposal to Disqualify Arbitrator Yoram Turbowicz dated March 19, 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The two other members of the Tribunal dismissed Ukraine's proposal to disqualify Dr. Yoram Turbowicz. They found no fact indicating a manifest lack of impartiality or independence, concluded that the shared Harvard Law School education and brief telephone call did not require disclosure under Arbitration Rule 6(2), and terminated the suspension of the proceedings.

    Supporting details

    5 authorities · 3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yoram Turbowicz

    Authorities cited

    5
    • Vienna Convention on the Law of Treaties of May 23, 1969
      treaty
    • International Bar Association Guidelines on Conflicts of Interest in International Arbitration (IBA Guidelines of May 22, 2004)
      guidelines
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      treaty
    • Suez Aguas Second Decision (ICSID Cases ARB/03/17 and ARB/03/19, Second Decision on Disqualification, May 12, 2008)
      case law
    • SGS Societe Generale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case ARB/01/13, Decision on Claimant's Proposal to Disqualify Arbitrator, December 19, 2002)
      case law

    7 months and 20 days later · 234 days

  2. 8 November 2010Arbitration

    8 November 2010Arbitration

    Award dated November 8, 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that Ukraine expropriated Alpha Projektholding GmbH's rights and interests in the 1998 and 1999 joint activity agreements and denied fair and equitable treatment, but found no breach of the umbrella-clause, national-treatment, or Foreign Investment Law obligations. Ukraine was ordered to pay USD 2,979,232 with additional interest from July 1, 2004 at 9.11 percent compounded annually. Each party was to bear its own legal fees and expenses, and each party was responsible for half of the arbitration costs, with USD 30,000 of Alpha's costs shifted to Ukraine.

    Supporting details

    8 authorities · 19 participants
    Alpha Projektholding GmbH
    Representative
    Dr. Leopold Specht (For: Alpha Projektholding GmbH)
    Representative
    Prof. Gianmaria Ajani (For: Alpha Projektholding GmbH)
    Representative
    Mira Suleimenova (For: Alpha Projektholding GmbH)
    Representative
    Laura Steinberg (For: Alpha Projektholding GmbH)
    Ukraine
    Representative
    Yuriy D. Prytyka (For: Ukraine)
    Representative
    Larysa Lischynska (For: Ukraine)
    Representative
    Nickolay Atanasov (For: Ukraine)
    Representative
    Dmytro Shemelin (For: Ukraine)
    Representative
    Dr. Sergei Voitovich (For: Ukraine)
    Representative
    Andriy Alexeyev (For: Ukraine)
    Representative
    Oleg Shevchuk (For: Ukraine)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yoram Turbowicz
    Tribunal secretary
    Eloise M. Obadia
    Tribunal secretary
    Evgeniya Rubinina
    Tribunal secretary
    Amine Assouad

    Authorities cited

    8
    • Agreement for the Promotion and Reciprocal Protection of Investments between the Republic of Austria and Ukraine (Austria-Ukraine BIT signed November 8, 1996)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      treaty
    • Ukraine Foreign Investment Law
      statute
    • Ukraine Civil Code
      statute
    • Generation Ukraine v. Ukraine (ICSID Case ARB/00/9, Award, September 16, 2003)
      case law
    • Tokios Tokeles v. Ukraine (ICSID Case ARB/02/18, Decision on Jurisdiction, April 29, 2004)
      case law
    • Inceysa v. El Salvador (ICSID Case ARB/03/26, Award, August 2, 2006)
      case law
    • Fraport v. Philippines (ICSID Case ARB/03/25, Award, August 16, 2007)
      case law

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Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16) · Matter