Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID. (Document, does not apply to summary and/or TDM IACL Case Report below).

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Case Report (free download)

Case Report by Velislava Hristova, Editor Ignacio Torterola

Summary

Claimant brought an action for relief against the Czech Republic pursuant to the United Kingdom of Great Britain and Northern Ireland-Czech Republic BIT ('BIT') alleging that the Czech Republic had breached the expropriation provision set out in the BIT in relation to its investment in assistive technologies for blind and visually impaired persons in the Czech Republic. Following a decision on jurisdiction, the Tribunal analysed the remaining jurisdictional objection, as well as the liability and quantum issues. It finally found that the Claimant's case on the merits fails in its entirety because it has not proved that the measures complained of are tantamount to an indirect expropriation under Article 5 of the BIT.

Main issues

Whether Claimant made an investment protected under the BIT and whether Respondent's measures are tantamount to indirect expropriation under Article 5 of the BIT.

A11Y LTD. v. Czech Republic (ICSID Case No. UNCT/15/1) - Award - 29 June 2018

Case report provided by International Arbitration Case Law (IACL)

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