Arbitral Digest

Matter

ACP Axos Capital GmbH v. Republic of Kosovo (ICSID Case No. ARB/15/22)

Case no.
ARB/15/22
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 10 February 2016France

    10 February 2016France

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable, confirmed its constitution and the parties' representation, fixed Paris as the place of the proceeding and English as the procedural language, and addressed cost advances. The Respondent's request for suspension was no longer maintained.

    Supporting details

    1 authority · 7 participants
    ACP Axos Capital GmbH
    Republic of Kosovo
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Michael Feit
    Tribunal secretary
    Celeste Mowatt
    Tribunal secretary
    Frauke Nitschke

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States dated March 18, 1965
      treaty

    1 year and 24 days later · 390 days

  2. 6 March 2017France

    6 March 2017France

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' document-production requests. It held that legal advice from external legal counsel is privileged and excluded from production, required any other privilege or confidentiality basis to be specified, and permitted redaction of partially privileged or confidential documents with identification in a privilege log.

    Supporting details

    6 participants
    ACP Axos Capital GmbH
    Republic of Kosovo
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Michael Feit
    Tribunal secretary
    Celeste Mowatt

    3 months and 29 days later · 121 days

  3. 5 July 2017France

    5 July 2017France

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal invited the Respondent to confirm that it had not withheld correspondence solely because counsel was copied and that withheld documents contained requests for or the giving of legal advice. It reserved limited additional submissions and dismissed all other requests by the Claimant.

    Supporting details

    7 participants
    ACP Axos Capital GmbH
    Republic of Kosovo
    Representative
    Kreshnik Gashi (For: Republic of Kosovo)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Michael Feit
    Tribunal secretary
    Celeste Mowatt

    3 months and 1 day later · 93 days

  4. 6 October 2017France

    6 October 2017France

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the hearing on jurisdiction and merits, including its location at the ICC Hearing Centre in Paris, the schedule, time allocation, attendance, witness and expert examination, hearing materials, post-hearing submissions, and logistics.

    Supporting details

    5 participants
    ACP Axos Capital GmbH
    Republic of Kosovo
    Representative
    Andrew Cannon (For: Republic of Kosovo)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Anna Holloway

    6 months and 27 days later · 209 days

  5. 3 May 2018France

    3 May 2018France

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that it lacked jurisdiction over the dispute. It ordered the Claimants to bear the entirety of the arbitration costs and the Respondent's reasonable legal fees and expenses, and to pay the Respondent USD 1,713,349.40 and EUR 132,446.20. All other requests for relief were dismissed.

    Supporting details

    3 authorities · 7 participants
    ACP Axos Capital GmbH
    Representative
    Dirk Hamann (For: ACP Axos Capital GmbH)
    Republic of Kosovo
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Michael Feit
    Tribunal secretary
    Anna Holloway

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States dated March 18, 1965
      treaty
    • Treaty between the Federal Republic of Germany and the Socialist Federal Republic of Yugoslavia concerning the Reciprocal Protection and Encouragement of Investments (1707 UNTS 605, I-29533)
      treaty
    • Kosovo Law No. 04/L-045 on Public-Private-Partnership
      statute

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ACP Axos Capital GmbH v. Republic of Kosovo (ICSID Case No. ARB/15/22) · Matter