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Konsortium Oeconomismus v. Czech Republic (UNCITRAL)

Why it matters

This case illustrates the consequences of a claimant's failure to prosecute an investment treaty claim, including termination and cost-shifting. It also highlights the personal liability of representatives under German law when a claimant entity is not properly identified, serving as a cautionary tale for parties and counsel in arbitration.

Summary

Konsortium Oeconomicus, a Swiss consortium, initiated arbitration against the Czech Republic under the Switzerland-Czech Republic BIT. The tribunal seated in Frankfurt, Germany, applied the 2010 UNCITRAL Rules. After the claimant failed to pay its advance on costs, missed deadlines, and did not file its Statement of Claim, the tribunal terminated the proceedings under Section 1056(2)(1) ZPO and Article 30(1) UNCITRAL Rules. The tribunal then issued an Award on Costs, finding the claimant to be the unsuccessful party. It ordered the claimant to pay the respondent's reasonable legal costs of CZK 8,024,742.85 and reimburse EUR 25,000 for the advance on costs. Additionally, because the claimant failed to identify its members as required by German law, the tribunal held the representatives, JUDr. ________ and Mr. ________, jointly and severally liable for the costs. The award underscores the importance of complying with procedural orders and the potential for personal cost liability under German law.

The detail

Parties: Konsortium Oeconomismus v. Czech Republic

Case number: italaw/cases/1185

Outcome: Claimant ordered to pay Respondent CZK 8,024,742.85 for legal fees and EUR 25,000 for advance on costs; representatives personally liable.

Quantum: CZK 8,024,742.85 and EUR 25,000

Applicable law: Switzerland-Czech Republic BIT (1990), 2010 UNCITRAL Arbitration Rules, German ZPO

Issues in play: The tribunal applied the principle that costs follow the event under UNCITRAL Rules and the BIT, and German law on identification of a consortium for cost liability.

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