Case Details

A11Y LTD. v. Czech Republic (ICSID Case No. UNCT/15/1)

Subject of Dispute:

Technology for visually impaired
Economic Sector:

Services & Trade
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Czechia 1990
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

A11Y LTD. (British)
Respondent(s):

Czech Republic (Czech)

Composition of Tribunal

President:

L. Yves FORTIER (Canadian) - Appointed by Co-Arbitrators
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Anna JOUBIN-BRET (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Lucas Bastin, London, U.K.
Withers, London, U.K.
Respondent(s):

Ministry of Finance, Prague, Czech Republic
zeiler.partners Rechtsanwälte GmbH, Vienna, Austria
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 29, 2018 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Decision on Jurisdiction

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Available on the ICSID Website

Award (June 29, 2018) English (Original)

Procedural Order No. 1 (March 23, 2015) English (Original)

Procedural Order No. 2 (October 5, 2015) English (Original)

Procedural Order No. 3 (December 11, 2015) English (Original)

Procedural Order No. 4 (February 1, 2016) English (Original)

Procedural Order No. 5 (February 18, 2016) English (Original)

Procedural Order No. 6 (September 8, 2016) English (Original)

Decision on Jurisdiction (February 9, 2017) English (Original)

Procedural Order No. 7 (February 21, 2017) English (Original)

Procedural Order No. 8 (April 11, 2017) English (Original)

Procedural Order No. 9 (November 2, 2017) English (Original)

Procedural Order No. 10 (December 27, 2017) English (Original)

(a) Original Proceeding

Date	Development
March 23, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 30, 2015	The Claimant files a memorial on the merits.
August 31, 2015	The Respondent files a counter-memorial on the merits and jurisdiction, and a request to address the objections to jurisdiction as a preliminary question.
September 15, 2015	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
October 5, 2015	The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits and one jurisdictional objection is suspended.
December 11, 2015	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
January 11, 2016	The Claimant files a counter-memorial on jurisdiction and a request for the Tribunal to decide on the Claimant’s right to amend its memorial on the merits.
January 20, 2016	The Respondent files observations on the Claimant’s request of January 11, 2016.
January 26, 2016	The Claimant files a response to the Respondent’s observations of January 20, 2016.
February 1, 2016	The Tribunal issues Procedural Order No. 4 concerning the Claimant’s request of January 11, 2016.
February 12, 2016	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
February 18, 2016	The Tribunal issues Procedural Order No. 5 concerning production of documents.
April 25, 2016	The Respondent files a reply on jurisdiction.
July 25, 2016	The Claimant files a rejoinder on jurisdiction.
September 7, 2016	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
September 8, 2016	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
September 28, 2016 - September 29, 2016	The Tribunal holds a hearing on jurisdiction in Paris.
October 21, 2016	Each party files a statement of costs.
October 27, 2016	The Respondent files observations on the Claimant’s statement of costs.
November 2, 2016	The Claimant files a response to the Respondent’s observations of October 27, 2016.
February 9, 2017	The Tribunal issues a decision on jurisdiction.
February 21, 2017	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
April 3, 2017	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
April 11, 2017	The Tribunal issues Procedural Order No. 8 concerning production of documents.
July 3, 2017	The Claimant files a reply on the merits and the remaining jurisdictional objection.
September 15, 2017	The Respondent files a rejoinder on the merits and the remaining jurisdictional objection.
October 13, 2017	The Claimant files a rejoinder on the remaining jurisdictional objection.
November 1, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
November 2, 2017	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
November 8, 2017	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
November 9, 2017	The Respondent files observations on the Claimant’s request of November 8, 2017, as well as a separate request for the Tribunal to decide on the admissibility of new evidence. The Claimant files observations on the Respondent’s request of November 9, 2017. The Tribunal issues decisions on the admissibility of new evidence.
November 13, 2017 - November 17, 2017	The Tribunal holds a hearing on the merits and the remaining jurisdictional objection in Paris.
December 27, 2017	The Tribunal issues Procedural Order No. 10 concerning post-hearing submissions.
January 23, 2018	Each party files a post-hearing brief.
January 31, 2018	Each party files a reply post-hearing brief and a statement of costs.
June 29, 2018	The Tribunal renders its award.