IN THE MATTER OF AN ARBITRATION PROCEEDING UNDER ARTICLE 8(2)(A) OF THE AGREEMENT
OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT
OF THE CZECH AND SLOVAK FEDERAL REPUBLIC FOR THE PROMOTION AND PROTECTION OF
INVESTMENTS AND THE UNCITRAL ARBITRATION RULES (1976)
A11Y LTD.
v.
CZECH REPUBLIC
(ICSID Case No. UNCT/15/1)
Tribunal
Yves Fortier, PC, CC, OQ, QC, Presiding Arbitrator
Stanimir Alexandrov, Arbitrator
Anna Joubin-Bret, Arbitrator
Secretary to the Tribunal
Jara Mínguez Almeida
Assistant to the Tribunal
Annie Lespérance
December 11, 2015
[Page 2]
Having considered:
- the Claimant’s letter of 4 December 2015;
- the Respondent’s response of 9 December 2015; and
- the Claimant’s letter of 11 December 2015
and deliberated, the Tribunal decides as follows.
1. The Tribunal notes that the Claimant, in its letter of 4 December 2015, requests the Tribunal to extend the deadline for the Claimant to file its Counter-Memorial on Jurisdiction from 7 December 2015 to 11 January 2016 in view of new counsel having been instructed on 4 December 2015.
2. The Respondent, in its letter of 9 December 2015, requests that, should the Tribunal decide to grant the Claimant’s request and in order that the parties’ previously agreed time lines be preserved, the deadline for the submission of its Reply on Jurisdiction also be extended. The Respondent also requests that the deadlines for the submission of the Requests for the Production of Documents be extended until after the submission of the Claimant’s Counter-Memorial on Jurisdiction.
3. The Claimant, in its letter of 11 December 2015, confirms that it does not object to the Respondent’s requests.
4. In the circumstances, the Tribunal grants the parties’ requests.
5. The Tribunal, in order to protect the dates of 28-29 September 2016 for the hearing on jurisdiction in Paris, amends the procedural timetable as follows:
Scenario 2 – With Bifurcation (Proceeding on Jurisdiction)
| Date | Party | Description |
| 11 January 2016 | Claimant | Counter-Memorial on Jurisdiction |
| 29 January 2016 | Claimant and Respondent | Requests for Production of Documents |
| 5 February 2016 | Claimant and Respondent | Objections to Document Production Requests, if any |
| 12 February 2016 | Claimant and Respondent | Response to Objections to Document Production Requests |
| 26 February 2016 | Tribunal | Tribunal best efforts to issue Decision on Document Production Requests |
| 11 March 2016 | Claimant and Respondent | Production of Documents |
| 25 April 2016 | Respondent | Reply on Jurisdiction |
| 25 July 2016 | Claimant | Rejoinder on Jurisdiction |
| TBD | All | Pre-hearing Conference |
| 28-29 September 2016 | All | Hearing on Jurisdiction |
6. The Tribunal confirms that the scope of the document production phase described above is limited only to the bifurcated jurisdictional objections, namely Objections 1, 3 and 4 (as defined in Procedural Order No. 2).
Paris, this 11th day of December 2015
Signed on behalf of the Arbitral Tribunal
[signed]
L. Yves Fortier, PC, CC, OQ, QC
President