Arbitral Digest

Matter

A11Y LTD. v. Czech Republic (ICSID Case No. UNCT/15/1)

Case no.
UNCT/15/1
Seat
France
Applicable rules
1976 UNCITRAL Arbitration Rules
  1. 23 March 2015France

    23 March 2015France

    Procedural Order No. 1 dated 23 March 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework, tribunal constitution, administration, representation, deposits and costs, place of arbitration, applicable law, communications, pleadings, evidence, witnesses, experts, hearing arrangements, and the procedure for the introductory hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 12 days later · 196 days

  2. 5 October 2015France

    5 October 2015France

    Procedural Order No. 2 dated 5 October 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent's request to bifurcate the proceeding for three jurisdictional objections and joined the objection concerning whether the Claimant made an investment in the Czech Republic to the merits.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 6 days later · 67 days

  3. 11 December 2015France

    11 December 2015France

    Procedural Order No. 3 dated 11 December 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the parties' requests to extend the procedural timetable and amended the timetable for the bifurcated jurisdiction proceeding while preserving the September 2016 hearing dates.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 21 days later · 52 days

  4. 1 February 2016France

    1 February 2016France

    Procedural Order No. 4 dated 1 February 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Claimant's request to amend its Memorial, admitted the Amended Memorial into the record, and permitted the Respondent to raise additional jurisdictional objections arising from the amended claims in its Reply on Jurisdiction.

    Supporting details

    International Centre for Settlement of Investment Disputes

    17 days later · 17 days

  5. 18 February 2016France

    18 February 2016France

    Procedural Order No. 5 dated 18 February 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the Claimant to produce the documents identified in the attached Redfern Schedule by 11 March 2016, addressed confidentiality and privilege procedures, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 21 days later · 203 days

  6. 8 September 2016France

    8 September 2016France

    Procedural Order No. 6 dated 8 September 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the hearing on jurisdiction, including the hearing schedule, oral submissions, witness and expert examination, document handling, and other hearing arrangements.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 1 day later · 154 days

  7. 9 February 2017France

    9 February 2017France

    Decision on Jurisdiction dated 9 February 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld the objection based on the scope of the treaty's arbitration clause, denied jurisdiction over claims under Articles 2(2) and 3, retained jurisdiction over claims under Articles 2(3) and 5, rejected objections concerning foreign-investor status, the cooling-off period, and EU law, denied the requested declaration concerning Article 2(3), and deferred costs to the Final Award.

    Supporting details

    8 authorities · 5 participants
    A11Y LTD.
    Czech Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yves Fortier

    Authorities cited

    8
    • William Nagel v The Czech Republic (SCC Case No. 049/2002, Final Award, 9 September 2003)
      case law
    • Austrian Airlines v The Slovak Republic (UNCITRAL Ad Hoc Arbitration, Final Award, 9 October 2009)
      case law
    • European American Investment Bank AG v The Slovak Republic (PCA Case No. 2010-17, Award on Jurisdiction, 22 October 2012)
      case law
    • Plama Consortium Limited v Republic of Bulgaria (ICSID Case No. ARB/03/24, Decision on Jurisdiction)
      case law
    • Hochtief AG v The Argentine Republic (ICSID Case No. ARB/07/31, Decision on Jurisdiction, 24 October 2011)
      case law
    • Saluka Investments BV v The Czech Republic (UNCITRAL Arbitration, Partial Award, 17 March 2006)
      case law
    • Murphy Exploration and Production Company International v Republic of Ecuador (Award on Jurisdiction, 15 December 2010)
      case law
    • United Kingdom Companies Act 2006 (Companies Act 2006)
      statute

    12 days later · 12 days

  8. 21 February 2017France

    21 February 2017France

    Procedural Order No. 7 dated 21 February 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural calendar for the remainder of the proceedings, including document production, merits and jurisdictional submissions, the pre-hearing conference, and the November 2017 merits hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 21 days later · 49 days

  9. 11 April 2017France

    11 April 2017France

    Procedural Order No. 8 dated 11 April 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' document production requests in the attached Redfern Schedules and ordered each party to produce the indicated documents by 8 May 2017, while addressing confidentiality, privilege, lost documents, adverse inferences, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 22 days later · 205 days

  10. 2 November 2017France

    2 November 2017France

    Procedural Order No. 9 dated 2 November 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the hearing on the merits and the remaining jurisdictional objection, including the hearing schedule, submissions, examination of witnesses and experts, and related procedural arrangements.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 25 days later · 55 days

  11. 27 December 2017France

    27 December 2017France

    Procedural Order No. 10 dated 27 December 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    After the merits and remaining jurisdictional-objection hearing, the Tribunal directed the parties to file simultaneous post-hearing briefs answering the attached Tribunal questions, subject to page limits and specified contents, and allowed applications for short simultaneous replies.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 2 days later · 184 days

  12. 29 June 2018France

    29 June 2018France

    Award dated 29 June 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that it had jurisdiction over the indirect expropriation claims but rejected those claims on the merits, finding no indirect expropriation. It ordered A11Y LTD. to pay the Czech Republic USD 373,932.02 for its share of arbitration costs and expenses and dismissed all other claims and requests for relief.

    Supporting details

    5 participants
    A11Y LTD.
    Czech Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yves Fortier

Matter record

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A11Y LTD. v. Czech Republic (ICSID Case No. UNCT/15/1) · Matter