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Yaacov Afik, Michael Mistriel Aykout and Shimon Mistriel Aykout v. Republic of Cyprus, ICSID Case No. ARB/25/45

New
Short Name:

Afik and others v. Cyprus

Case Type:
Investment Protection Disputes, International Investment Agreement (Investor–State)
Seat of Arbitration:
Applicable Treaty:
Cyprus-Israel BIT (1998)
Applicable Legal Instruments:
Cyprus - Israel BIT (1998)
Economic Sector:
Construction

Available documents

5 Dec 2024
Expert Opinion of Professor Eyal Benvenisti
Document Details:
PARTICIPANTS
Expert Opinion of Professor Eyal Benvenisti
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Expert Opinion of Professor Eyal Benvenisti
This summary note is machine-generated. Always consult the original materials.


14 Mar 2025
Notice of Intent
Document Details:
PARTICIPANTS
Notice of Intent
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Roger Gherson, Amalia Gherson, Gherson Solicitors
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Notice of Intent
This summary note is machine-generated. Always consult the original materials.


23 Nov 2025
Registration of the Request for Arbitration
Document Details:
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Roger Gherson, Amalia Gherson, Gherson Solicitors, Berkman & Co., Lucas Bastin, Essex Court Chambers, Rachel Barnes, Stephen Bailey, Three Raymond Buildings
Respondent's counsel
Foley Hoag
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
This summary note is machine-generated. Always consult the original materials.


19 Jun 2026
Procedural Order No. 1
Document Details:
PARTICIPANTS
Procedural Order No. 1
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Chair/President:
David Unterhalter
Arbitrator(s)
Stephan W. Schill, Attila Massimiliano Tanzi
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Emma Anderson, Cong Gao, Galiya Mustafina, Lucas Bastin, Boxun Yin, Ron Berkman, Roy Berkman, Shelly Zick, Riki Levental, Roger Gherson
Respondent's counsel
Costantinos Salonidis, Christina Hioureas, Linos-Alexandros Sicilianos, George Savvides, Mary-Ann Stavrinides, Maria Pilikou
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Leah W. Njoroge
Tribunal assistant
Vanina Bauza
Country
Print reporter
Entities
Banco Chambers, Berkman & Co., Cyprus, Duxton Hill Chambers London, Essex Court Chambers, Foley Hoag, Gherson Solicitors, Law Office of the Republic of Cyprus
Document Summary
Procedural Order No. 1
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Background

This document is Procedural Order No. 1 issued by the arbitral tribunal in the international investment arbitration between Yaacov Afik, Michael Mistriel Aykout, and Shimon Mistriel Aykout, and the Republic of Cyprus (ICSID Case No. ARB/25/45). Following the first session held via video conference on May 7, 2026, the Tribunal issued this order to establish the procedural framework governing the arbitration pursuant to ICSID Arbitration Rules 27 and 29.

Procedural Framework and Key Directives

The Tribunal confirmed its proper constitution and established that the proceedings will be conducted under the ICSID Arbitration Rules in force as of July 1, 2022. Paris, France, was designated as the place of the proceeding, with English established as the procedural language. The order delineates comprehensive protocols for the routing of communications, the submission of pleadings, and the handling of documentary evidence. Document production is to be guided by the IBA Rules on the Taking of Evidence in International Arbitration (2010), utilizing Stern Schedules for requests and objections.

Furthermore, the Tribunal set forth detailed rules regarding the submission of witness statements and expert reports, as well as the procedures for their examination at the hearing. Notably, the order explicitly prohibits the use of artificial intelligence in the Tribunal’s decision-making process and the drafting of the Award.

Operative Directions

The Tribunal directed the parties to adhere to the procedural calendar set out in Annex B, which provides two alternative timetables (Timetable A and Timetable B) contingent upon whether the Respondent elects to file a request for the bifurcation of preliminary objections. The parties were further ordered to comply with the strict electronic file naming guidelines detailed in Annex A.
19 Jun 2026
Procedural Order No. 2 on Transparency and Confidentiality
Document Details:
PARTICIPANTS
Procedural Order No. 2 on Transparency and Confidentiality
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Chair/President:
David Unterhalter
Arbitrator(s)
Stephan W. Schill, Attila Massimiliano Tanzi
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Leah W. Njoroge
Tribunal assistant
Country
Print reporter
Entities
Cyprus
Document Summary
Procedural Order No. 2 on Transparency and Confidentiality
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This Procedural Order No. 2 establishes the transparency and confidentiality regime governing the arbitration proceedings between the Claimants and the Republic of Cyprus. Following the circulation of a draft order and subsequent discussions during the first session held on May 7, 2026, the Tribunal issued this Order to formalize the Parties' agreements and the Tribunal's determinations pursuant to the ICSID Convention and the 2022 ICSID Arbitration Rules.

Tribunal's Directions on Transparency

The Tribunal directed that, absent the Parties' consent, the Centre shall only publish excerpts of the Award and any supplementary decisions, rectifications, interpretations, revisions, or annulment decisions, in accordance with ICSID Arbitration Rule 62(4). However, the Parties expressly consented to the publication of any decision upholding jurisdiction as part of the eventual Award. Furthermore, the Tribunal ordered the publication of its orders and decisions, subject to agreed or Tribunal-directed redactions pursuant to ICSID Arbitration Rule 63.

Conversely, the Tribunal recorded the Parties' lack of consent regarding the publication of written submissions. The Tribunal further ruled that supporting documents, including exhibits, legal authorities, witness statements, and expert reports, shall remain unpublished. Hearings shall be closed to the public unless the Parties agree otherwise at least two months prior to the hearing, in which case a protocol for public access and the protection of confidential information will be established. Finally, transcripts and recordings of hearings are strictly precluded from publication by ICSID.