Case Details

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

Subject of Dispute:

Telecommunications and postal enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Germany - Yugoslavia, Federal Republic of 1989 - Investment Law - Kosovo (2014)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

ACP Axos Capital GmbH (German)
Respondent(s):

Republic of Kosovo (Kosovar)
Date Registered:

June 4, 2015
Date of Constitution of Tribunal:

December 3, 2015

Composition of Tribunal

President:

Philippe PINSOLLE (French, Swiss) - Appointed by the Secretary-General
Arbitrators:

Michael FEIT (Israeli, Swiss) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Herbert Smith Freehills, Berlin, Germany and Paris, France
Respondent(s):

Squire Patton Boggs (US), New York, NY, U.S.A. and Prague, Czech Republic
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 3, 2018 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Award

Available on the ICSID Website

Procedural Order No. 1 (February 10, 2016) English (Original)

Procedural Order No. 2 (March 6, 2017) English (Original)

Procedural Order No. 3 (July 5, 2017) English (Original)

Procedural Order No. 4 (October 6, 2017) English (Original)

Award (May 3, 2018) English (Original)

(a) Original Proceeding

Date	Development
June 4, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
September 18, 2015	Following appointment by the Claimant, Michael Feit (Israeli/Swiss) accepts his appointment as arbitrator.
September 23, 2015	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
December 2, 2015	Following appointment by the Secretary-General, Philippe Pinsolle (French/Swiss) accepts his appointment as presiding arbitrator.
December 3, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Philippe Pinsolle (French/Swiss), President, appointed by the Secretary-General pursuant to the parties’ agreement; Michael Feit (Israeli/Swiss), appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
February 1, 2016	The Tribunal holds a first session by telephone conference.
February 10, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 24, 2016	The Claimant files a memorial on the merits.
December 23, 2016	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
February 23, 2017	Each parties files a request for the Tribunal to decide on production of documents.
March 6, 2017	The Tribunal issues Procedural Order No. 2 concerning production of documents.
June 14, 2017	The Claimant files a request regarding the production of documents.
June 16, 2017	The Claimant files a reply on the merits and quantum and a counter-memorial on jurisdiction.
June 21, 2017	The Respondent files observations on the Claimant’s request of June 14, 2017.
July 5, 2017	The Tribunal issues Procedural Order No. 3 concerning production of documents.
September 1, 2017	The Respondent files a rejoinder on the merits and quantum and a reply on jurisdiction.
September 29, 2017	The Claimant files a rejoinder on jurisdiction.
October 3, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
October 6, 2017	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
November 6, 2017 - November 13, 2017	The Tribunal holds a hearing on jurisdiction, merits and quantum in Paris.
December 12, 2017	Each party files a statement of costs.
December 20, 2017	Each party files observations on the other party’s statement of costs.
April 4, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 3, 2018	The Tribunal renders its award.