Case Details

Telcell Wireless, LLC and International Telcell Cellular, LLC v. Georgia (ICSID Case No. ARB/20/5)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT United States of America - Georgia 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Telcell Wireless, LLC (U.S.), International Telcell Cellular, LLC (U.S.)
Respondent(s):

Georgia (Georgian)
Date Registered:

February 12, 2020
Date of Constitution of Tribunal:

June 9, 2020

Composition of Tribunal

President:

Ian BINNIE (Canadian) - Appointed by the Parties
Arbitrators:

Michael C. PRYLES (Australian, Austrian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Covington & Burling, New York, NY, U.S.A.
Respondent(s):

Gaillard Banifatemi Shelbaya Disputes, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 15, 2024 -
The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Brigitte Stern.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

August 23, 2024
Date of Constitution of ad hoc Committee:

October 24, 2024

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

President:

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

Dapo AKANDE (British, Nigerian)
Hi-Taek SHIN (Korean)

Party Representatives

Claimant(s):

Covington & Burling, New York, NY and Washington, D.C., U.S.A.
Respondent(s):

Gaillard Banifatemi Shelbaya Disputes, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 10, 2025 - The ad hoc Committee issues a decision on the stay of enforcement of the award.

No References Available.

(a) Original Proceeding

Date	Development
February 12, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
March 11, 2020	Following appointment by the Claimants, Michael Pryles (Australian) accepts his appointment as arbitrator.
May 11, 2020	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointments as arbitrator.
June 9, 2020	Following appointment by agreement of the parties, Ian Binnie (Canadian) accepts his appointment as presiding arbitrator.
June 9, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are Ian Binnie (Canadian), President, appointed by agreement of the parties; Michael Pryles (Australian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
August 4, 2020	The Tribunal holds a first session by video conference.
August 14, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 16, 2020	The Claimants file a memorial on the merits.
April 13, 2021	The parties agree to amend the procedural calendar.
April 15, 2021	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
May 8, 2021	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
June 19, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
July 9, 2021	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 16, 2021	The parties agree on a stipulated confidentiality order.
July 20, 2021	The Tribunal issues Procedural Order No. 4 concerning the confidentiality of documents.
December 10, 2021	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
June 10, 2022	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
September 16, 2022	The Claimants file a rejoinder on jurisdiction.
December 19, 2022	The President holds a pre-hearing organizational meeting with the parties by video conference.
January 26, 2023	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
February 6, 2023 - February 10, 2023	The Tribunal holds a hearing on the merits in Washington, D.C.
March 27, 2023	Each party files a statement of costs.
April 24, 2023	Each party files a reply statement of costs.
March 21, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 15, 2024	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Brigitte Stern.

(b) Annulment Proceeding

Date	Development
August 23, 2024	The Acting Secretary-General registers an application for partial annulment of the award filed by Georgia, and notifies the parties of the provisional stay of enforcement of the award.
October 24, 2024	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; Dapo Akande (British/Nigerian); and Hi-Taek Shin (Korean); all members appointed by the Chairman of the Administrative Council.
November 20, 2024	Georgia files a request to continue the stay of enforcement of the award.
December 9, 2024	The ad hoc Committee holds a first session by video conference.
December 20, 2024	Telcell Wireless, LLC and International Telcell Cellular, LLC file observations on Georgia’s request to continue the stay of enforcement of the award.
January 8, 2025	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
January 17, 2025	Georgia files a response to Telcell Wireless, LLC and International Telcell Cellular, LLC’s observations of December 20, 2024.
January 31, 2025	Telcell Wireless, LLC and International Telcell Cellular, LLC file further observations on Georgia’s request to continue the stay of enforcement of the award.
February 19, 2025	Georgia files a memorial on annulment.
March 10, 2025	The ad hoc Committee issues a decision on the stay of enforcement of the award.