Arbitral Digest

Matter

Ceskoslovenska obchodni banka, a.s. v. Slovak Republic (ICSID Case No. ARB/97/4)

Case no.
ARB/97/4
Applicable rules
ICSID Arbitration Rules
  1. 9 September 1998Arbitration

    9 September 1998Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the request for emergency interim restraining measures, reserved its decision on the request for provisional measures, and invited the Respondent and Claimant to submit observations and replies on specified dates.

    Supporting details

    3 participants
    Ceskoslovenska Obchodni Banka, A.S.
    Slovak Republic
    International Centre for Settlement of Investment Disputes

    1 month and 27 days later · 57 days

  2. 5 November 1998Arbitration

    5 November 1998Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the renewed request for emergency interim restraining measures, deferred further consideration of provisional measures concerning the bankruptcy proceedings pending the outcome of the Claimant's application to the Bratislava Regional Court, invited status updates, and rejected the additional request concerning aggravation of the dispute.

    Supporting details

    3 participants
    Ceskoslovenska Obchodni Banka, A.S.
    Slovak Republic
    International Centre for Settlement of Investment Disputes

    2 months and 6 days later · 67 days

  3. 11 January 1999Arbitration

    11 January 1999Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recommended suspension of the bankruptcy proceedings to the extent that they might determine whether the Slovak Collection Company had a valid right to receive funds from the Slovak Republic to cover its losses under the Consolidation Agreement, called on the parties to bring the Order to the attention of the appropriate Slovak judicial authorities, and invited implementation updates.

    Supporting details

    3 participants
    Ceskoslovenska Obchodni Banka, A.S.
    Slovak Republic
    International Centre for Settlement of Investment Disputes

    4 months and 13 days later · 133 days

  4. 24 May 1999Arbitration

    24 May 1999Arbitration

    Decision of the Tribunal on Objections to Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously decided that the dispute was within the jurisdiction of the Centre and the competence of the Tribunal, and stated that it would issue the necessary order for continuation of the proceedings on the merits.

    Supporting details

    6 authorities · 6 participants
    Ceskoslovenska Obchodni Banka, A.S.
    The Slovak Republic
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ms. Margrete Stevens

    Authorities cited

    6
    • Amco Asia et al. v. Indonesia (Decision on Jurisdiction, September 25, 1983, 23 I.L.M. 359 (1984))
      case law
    • Asian Agricultural Products Ltd. v. Republic of Sri Lanka (4 ICSID Rep. 245, 30 I.L.M. 577 (1991))
      case law
    • Fedax N.V. v. Republic of Venezuela (Decision on Objections to Jurisdiction, July 11, 1997, 37 I.L.M. 1378 (1998))
      case law
    • Nuclear Tests Case (Australia v. France) (I.C.J. Reports 1974, p. 253)
      case law
    • North Sea Continental Shelf Cases (I.C.J. Reports 1969, p. 4)
      case law
    • Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) (I.C.J. Reports 1986, p. 14)
      case law

    9 months and 6 days later · 282 days

  5. 1 March 2000Arbitration

    1 March 2000Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recommended suspension of the bankruptcy proceedings to the extent that they might determine whether the Slovak Collection Company had made a loss from operating costs and the payment schedule for receivables assigned to it, including interest, reaffirmed Procedural Order No. 4, called on the parties to notify the appropriate Slovak judicial authorities, and invited implementation updates.

    Supporting details

    3 participants
    Ceskoslovenska Obchodni Banka, A.S.
    Slovak Republic
    International Centre for Settlement of Investment Disputes

    9 months later · 275 days

  6. 1 December 2000Arbitration

    1 December 2000Arbitration

    Decision of the Tribunal on Respondent's Further and Partial Objection to Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously rejected the Slovak Republic's Further and Partial Objection to Jurisdiction, confirmed that its competence covered and was confined to issues arising out of the Consolidation Agreement, and decided to continue the proceedings on the merits.

    Supporting details

    1 authority · 5 participants
    Ceskoslovenska Obchodni Banka, A.S.
    The Slovak Republic
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Amco Asia et al. v. Indonesia (Decision on Jurisdiction, September 25, 1983, 23 I.L.M. 359 (1984))
      case law

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Ceskoslovenska obchodni banka, a.s. v. Slovak Republic (ICSID Case No. ARB/97/4) · Matter