ICSID - International Centre for Settlement of Investment Disputes
ICSID - International Centre for Settlement of Investment Disputes
08/23/2024 | Press release | Distributed by Public on 08/23/2024 12:39
Telcell Wireless, LLC and International Telcell Cellular, LLC v. Georgia (ICSID Case No. ARB/20/5)
Telcell Wireless, LLC and International Telcell Cellular, LLC v. Georgia (ICSID Case No. ARB/20/5)
Proceeding
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Subject of Dispute:Telecommunications enterprise
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Economic Sector:Information & Communication
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Instrument(s) Invoked: (i)BIT United States of America - Georgia 1994
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Applicable Rules:ICSID Convention - Arbitration Rules
(a) Original Proceeding
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Claimant(s)/Nationality(ies): (i)Telcell Wireless, LLC (U.S.), International Telcell Cellular, LLC (U.S.)
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Respondent(s):Georgia (Georgian)
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Date Registered:February 12, 2020
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Date of Constitution of Tribunal:June 9, 2020
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Composition of Tribunal
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President:Ian BINNIE (Canadian) - Appointed by the Parties
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Arbitrators:Michael C. PRYLES (Australian, Austrian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)
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Party Representatives
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Claimant(s):Covington & Burling, New York, NY, U.S.A.
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Respondent(s):Gaillard Banifatemi Shelbaya Disputes, Paris, France
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Language(s) of Proceeding:English
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Status of Proceeding:Concluded
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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
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Applicant(s)/Requesting Party(ies): (i)Respondent(s)
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Date Registered:August 23, 2024
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Party Representatives
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Claimant(s):Gaillard Banifatemi Shelbaya Disputes, Paris, France
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Respondent(s):Covington & Burling, New York, NY and Washington, D.C., U.S.A.
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Language(s) of Proceeding:English
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Status of Proceeding:Pending
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Latest 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.
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. |