Case Details

Tokios Tokelės v. Ukraine (ICSID Case No. ARB/02/18)

Subject of Dispute:

Printing enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Ukraine - Lithuania 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Tokios Tokelés (Lithuanian)
Respondent(s):

Ukraine (Ukrainian)
Date Registered:

December 20, 2002
Date of Constitution of Tribunal:

April 29, 2003

Composition of Tribunal

President:

Michael MUSTILL (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Daniel M. PRICE (U.S.) - Appointed by the Claimant(s)
Piero BERNARDINI (Italian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Prosper WEIL (French)
Arbitrators:

Daniel M. PRICE (U.S.)
Piero BERNARDINI (Italian)
Reconstituted:

August 23, 2004: Michael MUSTILL (British) appointed following the resignation of Prosper WEIL (French)

Party Representatives

Claimant(s):

Board of Directors, Tokios Tokelės
Respondent(s):

Grischenko & Partners, Kiev, Ukraine
Ministry of Justice, Kiev, Ukraine
Prime Minister, Kiev, Ukraine
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 26, 2007 - The Tribunal renders its award, to which a dissenting opinion is attached.

(a) Original Proceeding

Published Decisions

Introductory Note

Procedural Order No. 1

Decision on Jurisdiction of April 29, 2004, 20 ICSID Rev.—FILJ 205 (2005);

Dissenting Opinion of April 29, 2004, 20 ICSID Rev.—FILJ 245 (2005)

Procedural Order No. 3

Award

Dissenting Opinion (Attached to the Award)

Procedural Order

Procedural Order No. 2

Procedural Order No. 4

Procedural Order No. 5

Available on the ICSID Website

Introductory Note (July 1, 2003)

Procedural Order No. 1 (July 1, 2003) English (Original)

Decision on Jurisdiction (April 29, 2004) English (Original)

Dissenting Opinion (Attached to the Decision on Jurisdiction) (April 29, 2004) English (Original)

Procedural Order No. 3 (January 18, 2005) English (Original)

Award (July 26, 2007) English (Original)

Dissenting Opinion (Attached to the Award) (July 26, 2007) English (Original)

Procedural Order (July 14, 2003) English (Original)

Procedural Order No. 2 (July 1, 2003) English (Original)

Procedural Order No. 4 (November 4, 2005) English (Original)

Procedural Order No. 5 (November 4, 2005) English (Original)

(a) Original Proceeding

Date	Development
December 20, 2002	The Secretary-General registers a request for the institution of arbitration proceedings.
April 29, 2003	The Tribunal is constituted. Its members are: Prosper Weil (French), President; Daniel M. Price (U.S.); and Piero Bernardini (Italian).
June 3, 2003	The Tribunal holds its first session in Paris. The Claimant files a request for provisional measures.
June 12, 2003	The Respondent files preliminary observations on jurisdiction.
June 13, 2003	The Respondent files a reply on provisional measures.
June 17, 2003	The Claimant files a reply on preliminary observations on jurisdiction.
July 1, 2003	The Tribunal issues Procedural Order No. 1 concerning provisional measures.
July 1, 2003	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
July 29, 2003	The Respondent files its memorial on jurisdiction.
August 25, 2003	The Claimant files its counter-memorial on jurisdiction.
September 9, 2003	The Respondent files its reply on jurisdiction.
September 24, 2003	The Claimant files its rejoinder on jurisdiction.
December 10, 2003	The Tribunal holds a hearing on jurisdiction in Paris.
April 29, 2004	The Tribunal issues its decision on jurisdiction.
August 23, 2004	The Tribunal is reconstituted following the resignation of Prosper Weil (French). Its members are: Michael Mustill (British), President; Piero Bernardini (Italian); and Daniel M. Price (U.S.).
January 18, 2005	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
March 21, 2005	The Claimant files its memorial on the merits.
July 29, 2005	The Respondent files a countermemorial on the merits.
August 10, 2005	The Respondent files a request for the discontinuance of the proceeding.
September 9, 2005	The Claimant files a reply on the merits.
September 22, 2005	The Tribunal holds a hearing on procedural matters by video conference.
October 10, 2005	The Respondent files a rejoinder on the merits.
November 4, 2005	The Tribunal issues Procedural Order No. 4 concerning the Respondent's additional objections to jurisdiction and its request for the discontinuance of the proceeding.
November 4, 2005	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
January 16, 2006 - January 19, 2006	The Tribunal holds a hearing on the merits in Paris.
March 27, 2006	The parties file post-hearing briefs.
June 27, 2007	The Tribunal declares the proceeding closed.
July 26, 2007	The Tribunal renders its award, to which a dissenting opinion is attached.