Case Details

Pawlowski AG and Project Sever s.r.o. v. Czech Republic (ICSID Case No. ARB/17/11)

Subject of Dispute:

Real estate development
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Switzerland - Czechia 1990
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Pawlowski AG (Swiss), Project Sever s.r.o. (Czech)
Respondent(s):

Czech Republic (Czech)
Date Registered:

May 3, 2017
Date of Constitution of Tribunal:

November 6, 2017

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Vaughan LOWE (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Havlícek Law Offices, Jihlava, Czech Republic
Homburger AG, Zurich, Switzerland
Respondent(s):

Dechert (Paris), Paris, France
Dechert, Brussels, Belgium
Ministry of Finance of the Czech Republic, Prague, Czech Republic
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 1, 2021 -
The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

February 26, 2022 (Claimant(s))
Date of Constitution of ad hoc Committee:

May 23, 2022

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Jacomijn J. VAN HAERSOLTE-VAN HOF (Dutch)
Members:

Yoshimi OHARA (Japanese)
David A. PAWLAK (Irish, U.S.)

Party Representatives

Claimant(s):

Havlíček Haman, Jihlava, Czech Republic
MACH LEGAL, Prague, Czech Republic
Filip Černý, Prague, Czech Republic
Respondent(s):

Wordstone Dispute Resolution, Paris, France
Ministry of Finance of the Czech Republic, Prague, Czech Republic
Status of Proceeding:

Pending
Latest Development:

October 18, 2024 -
Each party files a statement of costs.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 3 - Annex A

Procedural Order No. 3 - Annex B

Procedural Order No. 4

Procedural Order No. 5

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (February 13, 2018) English (Original)

Procedural Order No. 2 (July 14, 2018) English (Original)

Procedural Order No. 3 (March 13, 2019) English (Original)

Procedural Order No. 3 - Annex A (March 13, 2019) English (Original)

Procedural Order No. 3 - Annex B (March 13, 2019) English (Original)

Procedural Order No. 4 (January 6, 2020) English (Original)

Procedural Order No. 5 (June 16, 2020) English (Original)

Award of the Tribunal (November 1, 2021) English (Original)

(a) Original Proceeding

Date	Development
May 3, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
June 6, 2017	Following appointment by the Claimants, John Beechey (British) accepts his appointment as arbitrator.
September 10, 2017	Following appointment by the Respondent, Vaughan Lowe (British) accepts his appointment as arbitrator.
November 6, 2017	Following appointment by the parties, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
November 6, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by agreement of the parties; John Beechey (British), appointed by the Claimants; and Vaughan Lowe (British), appointed by the Respondent.
January 24, 2018	The Tribunal holds a first session by telephone conference.
February 13, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 28, 2018	The Claimants file a memorial on the merits.
August 14, 2018	The Tribunal issues Procedural Order No. 2 concerning production of documents.
December 5, 2018	The Respondent files a counter-memorial on the merits and a memorial on preliminary objections.
March 13, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 3, 2019	The Claimants file a reply on the merits and a counter-memorial on preliminary objections.
November 6, 2019	The Respondent files a rejoinder on the merits and a reply on preliminary objections.
December 4, 2019	The Claimants file a rejoinder on preliminary objections.
December 16, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
January 6, 2020	The Tribunal issues Procedural Order No. 4 concerning organization of the hearing.
January 26, 2020 - January 30, 2020	The Tribunal holds a hearing jurisdiction, merits and quantum in Paris.
June 16, 2020	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
July 15, 2020	Each party files a post-hearing brief.
August 6, 2020	Each party files a statement of costs.
October 5, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 1, 2021	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
March 9, 2022	The Secretary-General registers an application for partial annulment of the award filed by Pawlowski AG and Projekt Sever s.r.o.
May 23, 2022	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention.  Its members are: Jacomijn van Haersolte-van Hof (Dutch), President; Yoshimi Ohara (Japanese); and David Pawlak (Irish/U.S.); all members appointed by the Chairman of the Administrative Council.
July 19, 2022	The ad hoc Committee holds a first session by video conference.
August 1, 2022	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
December 1, 2022	Pawlowski AG and Projekt Sever s.r.o. file a memorial on partial annulment.
April 3, 2023	The Czech Republic files a counter-memorial on partial annulment.
July 3, 2023	Pawlowski AG and Projekt Sever s.r.o. file a reply on partial annulment.
October 3, 2023	The Czech Republic files a rejoinder on partial annulment.
November 27, 2023	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing.
January 17, 2024	The proceeding is suspended for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).
April 12, 2024	The proceeding is resumed following payment of the required advances.
July 19, 2024	The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing.
September 10, 2024	The ad hoc Committee holds a hearing on annulment in Prague.
October 18, 2024	Each party files a statement of costs.