Case Details

Joseph C. Lemire v. Ukraine (ICSID Case No. ARB/06/18)

Proceeding Materials Procedural Details

  • Radio broadcasting enterprise
  • Information & Communication
  • BIT Ukraine - United States of America 1994
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Joseph C. Lemire (U.S.)
    • Ukraine (Ukrainian)
    • December 8, 2006
    • June 14, 2007

      Composition of Tribunal

    • Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
    • Jan PAULSSON (French) - Appointed by the Claimant(s)
      Jürgen VOSS (German) - Appointed by the Respondent(s)

      Party Representatives

    • Derains & Gharavi, Paris, France
    • Magisters, Kyiv, Ukraine
      Ministry of Justice of Ukraine
      White & Case, Paris, France
    • English
    • Concluded
    • March 28, 2011 - The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.

    (b) Annulment Proceeding

    • Respondent(s)
    • July 27, 2011 (Respondent(s))
    • October 7, 2011

      Party Representatives

    • Derains & Gharavi, Paris, France
    • Magisters, Kyiv, Ukraine
      Ministry of Justice of Ukraine
      White & Case, Paris, France
    • English
    • Concluded
    • July 8, 2013 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction and Liability - English (Original) (January 14, 2010)

Award - English (Original) (March 28, 2011)

(b) Annulment Proceeding

Published Decisions

Decision on the Application for Annulment of the Award

Available on the ICSID Website

Decision on the Application for Annulment of the Award (July 8, 2013) English (Original)

(a) Original Proceeding

Date Development
December 8, 2006 The Secretary-General registers a request for the institution of arbitration proceedings.
June 14, 2007 The Tribunal is constituted. Its members are: Juan Fernández-Armesto (Spanish), President; Jan Paulsson (French); and Jürgen Voss (German).
July 23, 2007 The Tribunal holds a first session in Paris.
November 12, 2007 The Claimant files a memorial on the merits.
February 25, 2008 The Respondent files a memorial on jurisdiction.
February 26, 2008 The Respondent files a counter-memorial on the merits.
March 26, 2008 The parties file requests for production of documents.
The Tribunal decides to join the objections to jurisdiction to the merits.
April 18, 2008 Each party files a response to the other party’s request for production of documents.
May 13, 2008 The Tribunal issues a procedural order concerning the production of documents.
July 31, 2008 The Respondent files a request for production of documents.
August 8, 2008 The Claimant files observations on the Respondent's request for production of documents.
August 13, 2008 The Respondent files a response to the Claimant’s observations on the request for production of documents.
August 15, 2008 The Claimant files a request for provisional measures.
August 20, 2008 The Claimant files a reply on the merits.
August 29, 2008 The Respondent files a proposal for the disqualification of an arbitrator; the proceeding is suspended.
September 2, 2008 The Respondent files observations on the Claimant’s request for provisional measures.
September 10, 2008 The Claimant files a response to the Respondent's observations on the request for provisional measures.
September 23, 2008 The proposal for disqualification of an arbitrator is declined; the proceeding is resumed.
October 22, 2008 The Claimant withdraws its request for provisional measures of August 15, 2008.
November 6, 2008 The Respondent files a rejoinder on the merits.
November 14, 2008 The parties file witness statements.
November 19, 2008 The President of the Tribunal holds a procedural session with the parties by telephone conference.
November 25, 2008 The Respondent files observations on the Claimant’s request for production of witnesses.
December 1, 2008 The parties file further witness statements.
December 3, 2008 The President of the Tribunal holds a procedural session with the parties by telephone conference.
December 8, 2008 - December 12, 2008 The Tribunal holds a hearing on the merits in Paris.
March 4, 2009 The parties file post-hearing briefs.
March 20, 2009 The parties file statements on costs.
January 14, 2010 The Tribunal issues a decision on jurisdiction and liability.
March 4, 2010 The Tribunal issues a procedural order concerning the procedural calendar.
April 16, 2010 The Claimant files a memorial on remaining issues.
June 21, 2010 The Respondent files a counter-memorial on remaining issues.
July 2, 2010 The Tribunal holds a pre-hearing conference with the parties by telephone.
July 12, 2010 The Tribunal holds a hearing on remaining issues in Paris.
August 6, 2010 The Claimant files a statement of costs.
August 9, 2010 The Respondent files a statement of costs.
October 27, 2010 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 28, 2011 The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.

(b) Annulment Proceeding

Date Development
July 27, 2011 The Secretary-General registers an application for annulment of the award filed by Ukraine, and notifies the parties of the provisional stay of enforcement of the award.
October 7, 2011 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Claus von Wobeser (Mexican), President; Azzedine Kettani (Moroccan), and Eduardo Zuleta (Colombian); all members appointed by the Chairman of the Administrative Council.
October 14, 2011 Ukraine files a request to continue the stay of enforcement of the award.
October 21, 2011 Joseph Lemire files a response to Ukraine’s request to continue the stay of enforcement of the award.
November 4, 2011 Ukraine files a reply on its request to continue the stay of enforcement of the award.
November 18, 2011 Joseph Lemire files a rejoinder on Ukraine's request to continue the stay of enforcement of the award.
November 25, 2011 The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Paris.
January 12, 2012 The ad hoc Committee issues Procedural Order No. 1 concerning preliminary issues.
February 8, 2012 Ukraine files a memorial on annulment.
February 14, 2012 The ad hoc Committee issues a decision on the stay of enforcement of the award.
April 2, 2012 The ad hoc Committee issues Procedural Order No. 2 concerning the termination of the stay of enforcement of the award.
April 23, 2012 Joseph Lemire files a counter-memorial on annulment.
June 18, 2012 Ukraine files a reply on annulment.
August 20, 2012 Joseph Lemire files a rejoinder on annulment.
September 11, 2012 The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone.
September 25, 2012 The ad hoc Committee holds a hearing on annulment in Paris.
October 25, 2012 Joseph Lemire files a statement of costs.
October 26, 2012 Ukraine files a statement of costs.
December 21, 2012 The ad hoc Committee issues Procedural Order No. 3 concerning the reinstatement of the stay of enforcement of the award.
January 8, 2013 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38 (1).
July 8, 2013 The ad hoc Committee issues its decision on annulment.