Case Details

Phoenix Action Ltd v. Czech Republic (ICSID Case No. ARB/06/5)

Subject of Dispute:

Metal industry project
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Israel - Czechia 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Phoenix Action Ltd. (Israeli)
Respondent(s):

Czech Republic (Czech)
Date Registered:

March 23, 2006
Date of Constitution of Tribunal:

January 8, 2007

Composition of Tribunal

President:

Brigitte STERN (French) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Andreas BUCHER (Swiss) - Appointed by the Chairman of the Administrative Council
Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Covington & Burling, Washington D.C., U.S.A
General Director of BENet Praha spol. s r.o., Prague, Czech Republic
Respondent(s):

Squire Sanders & Dempsey, Cleveland, OH, U.S.A., and Prague, Czech Republic
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 15, 2009 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (April 15, 2009) English (Original)

(a) Original Proceeding

Date	Development
March 23, 2006	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 8, 2007	The Tribunal is constituted. Its members are: Brigitte Stern (French), President; Andreas Bucher (Swiss); and Juan Fernández-Armesto (Spanish).
February 23, 2007	The Tribunal holds its first session in Paris.
April 6, 2007	The Tribunal issues a decision on provisional measures.
May 25, 2007	The Claimant files a memorial on the merits.
July 24, 2007	The Respondent files a memorial on jurisdiction.
September 25, 2007	The Claimant files a counter-memorial on jurisdiction.
October 11, 2007	The Tribunal issues a procedural order deciding that the objections to jurisdiction will be dealt with as a preliminary question.
November 12, 2007	The Respondent files a reply on jurisdiction.
December 18, 2007	The proceeding is stayed in accordance with ICSID Administrative and Financial Regulation 14(3)(d).
May 22, 2008	The proceeding is resumed following payment of the required advances.
June 27, 2008	The Claimant files a rejoinder on jurisdiction.
September 1, 2008	The Tribunal holds a hearing on jurisdiction in Paris.
October 1, 2008	The parties file statements of costs.
April 15, 2009	The Tribunal renders its award.