Matter
Bosh International, Inc. and B&P Ltd Foreign Investments Enterprise v. Ukraine (ICSID Case No. ARB/08/11)
- 29 October 2007Ukraine
29 October 2007Ukraine
Ruling No 05-6-6/1061 dated 29 October 2007
Kiev Commercial Court
- Decision summary
- The court refused to accept the University claim because it considered that the dispute fell within ICSID jurisdiction.
25 days later · 25 days
- 23 November 2007Ukraine
23 November 2007Ukraine
Ruling in Case No 32/619 dated 23 November 2007
Kiev Commercial Court
- Decision summary
- The court accepted the University claim, invited B&P to submit a substantive response, and scheduled a hearing.
1 month and 24 days later · 54 days
- 16 January 2008Ukraine
16 January 2008Ukraine
Judgment in Case No 32/619 dated 16 January 2008
Kiev Commercial Court
- Decision summary
- The court rejected B&P's position that the BIT displaced Ukrainian court jurisdiction, treated the 2003 Contract as commercial, and terminated the 2003 Contract because B&P's acts and omissions constituted a material breach.
Supporting details
1 authorityKiev Commercial Court
1 month and 17 days later · 48 days
- 4 March 2008Ukraine
4 March 2008Ukraine
Ruling in Case No 32/619 dated 4 March 2008
Kiev Commercial Court of Appeal
- Decision summary
- The court rejected B&P's appeal because B&P had not paid the appropriate court fee.
1 month and 4 days later · 35 days
- 8 April 2008Ukraine
8 April 2008Ukraine
Ruling in Case No 32/619 dated 8 April 2008
Kiev Commercial Court of Appeal
- Decision summary
- The court accepted B&P's refiled appeal after the appropriate court fee was paid.
1 month and 26 days later · 56 days
- 3 June 2008Ukraine
3 June 2008Ukraine
Resolution in Case No 32/619 dated 3 June 2008
Kiev Commercial Court of Appeal
- Decision summary
- The court dismissed B&P's appeal and upheld the judgment terminating the 2003 Contract. It rejected B&P's arguments concerning the earlier ruling, ICSID jurisdiction, and the jurisdiction of Ukrainian commercial courts.
Supporting details
2 authoritiesKiev Commercial Court of Appeal
7 days later · 7 days
- 10 June 2008Ukraine
10 June 2008Ukraine
Judgment in Case No 21/36 dated 10 June 2008
Kiev Commercial Court
- Decision summary
- The court held that the 2003 Contract had been validly terminated and that B&P no longer had the right to use the building. It ordered B&P's eviction from the Science-Hotel Complex and transfer of the Complex to the University.
- 10 June 2008Ukraine
10 June 2008Ukraine
Ruling in Case No 21/81 dated 10 June 2008
Kiev Commercial Court
- Decision summary
- The court registered B&P's claim concerning the University's revocation of the power of attorney.
3 months and 9 days later · 101 days
- 19 September 2008Ukraine
19 September 2008Ukraine
Ruling for Procedural Decisions in Case No 32/619 dated 19 September 2008
High Commercial Court of Ukraine
- Decision summary
- The court rejected B&P's arguments and upheld the judgment of the Kiev Commercial Court of Appeal.
1 month and 16 days later · 46 days
- 4 November 2008Ukraine
4 November 2008Ukraine
Judgment in Case No 21/81 dated 4 November 2008
Kiev Commercial Court
- Decision summary
- The court rejected B&P's claim concerning the University's revocation of the power of attorney because the 2003 Contract had been validly terminated.
1 month and 7 days later · 37 days
- 11 December 2008Ukraine
11 December 2008Ukraine
Resolution in Case No 21/36 dated 11 December 2008
Kiev Commercial Court of Appeal
- Decision summary
- The court dismissed B&P's appeal from the judgment ordering its eviction.
- 11 December 2008Ukraine
11 December 2008Ukraine
Resolution in Case No 21/81 dated 11 December 2008
Kiev Commercial Court of Appeal
- Decision summary
- The court upheld the decision rejecting B&P's claim concerning the University's revocation of the power of attorney.
1 month and 2 days later · 33 days
- 13 January 2009Ukraine
13 January 2009Ukraine
Ruling in Case No 21/36 dated 13 January 2009
Kiev Commercial Court
- Decision summary
- The court issued an order for the eviction of B&P from the Science-Hotel Complex.
6 days later · 6 days
- 19 January 2009Ukraine
19 January 2009Ukraine
Ruling in Case No 21/36 dated 19 January 2009
Kiev Commercial Court
- Decision summary
- The court ordered that B&P be evicted from the non-residential premises at 3 Chervonozorianyi Avenue, Kiev, by emptying them of all persons and property.
2 months and 14 days later · 73 days
- 2 April 2009Ukraine
2 April 2009Ukraine
Ruling for Procedural Decisions in Case No 21/36 dated 2 April 2009
High Commercial Court of Ukraine
- Decision summary
- The court dismissed B&P's appeal and upheld the judgment of the Kiev Commercial Court of Appeal.
2 months later · 61 days
- 2 June 2009Ukraine
2 June 2009Ukraine
Ruling in Case No 21/36 dated 2 June 2009
Kiev Commercial Court
- Decision summary
- The court dismissed B&P's challenge to the State Enforcement Office's eviction order.
3 months and 2 days later · 94 days
- 4 September 2009Ukraine
4 September 2009Ukraine
Resolution in Case No 21/36 dated 4 September 2009
Kiev Commercial Court of Appeal
- Decision summary
- The court rejected B&P's appeal from the dismissal of its challenge to the eviction order.
3 years, 1 month and 21 days later · 1147 days
- 25 October 2012Arbitration
25 October 2012Arbitration
Award dated 25 October 2012
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal found that all claims were within its jurisdiction and that the umbrella-clause claim was admissible. It attributed the conduct of the Ukrainian courts, the CRO, and the Ministry of Justice to Ukraine, but not the University's conduct. It rejected the claims for breach of the BIT and ordered the Claimants to pay Ukraine USD 150,000 in costs.
Supporting details
17 authorities · 19 participantsBosh International, Inc
- Representative
- Ari Gal (For: Bosh International, Inc)
- Representative
- Richard Sillett (For: Bosh International, Inc)
- Representative
- Todd Weiler (For: Bosh International, Inc)
- Representative
- Martha Harrison (For: Bosh International, Inc)
B&P Ltd Foreign Investments Enterprise
- Representative
- Larysa Lischynska (For: B&P Ltd Foreign Investments Enterprise)
- Representative
- John Willems (For: B&P Ltd Foreign Investments Enterprise)
Ukraine
- Representative
- Michael Polkinghorne (For: Ukraine)
- Representative
- Marily Paralika (For: Ukraine)
- Representative
- Angelica Andre (For: Ukraine)
- Representative
- Markiyan Kliuchkovskyi (For: Ukraine)
- Representative
- Serhii Sviriba (For: Ukraine)
- Representative
- Olena Koltko (For: Ukraine)
International Centre for Settlement of Investment Disputes
- Arbitrator
- Gavan Griffith
- Arbitrator
- Philippe Sands
- Arbitrator
- Donald McRae
- Tribunal secretary
- Mercedes Cordido-Freytes de Kurowski