The Claimant in this arbitration is Forminster Enterprises Limited ("Forminster"), a private limited liability company incorporated under registration number No. 78962 in accordance with the laws of the Republic of Cyprus and having its registered address at Kermia House, Office 601, 4 Diagorou Street, 1097 Nicosia, Republic of Cyprus, represented by Dr. Jan Rudolf, whose professional address is set out on the first page of the present Award.
The Respondent in this arbitration is the State of the Czech Republic ("the Czech Republic") represented by its Ministry of Finance (see also paragraph 32 below), the address of which is set out on the first page of the present Award.
Breach of the CZ-CY Treaty. In its Notice of Arbitration dated 9 January 2014 the Claimant claimed damages for losses resulting from measures imposed by the Czech State on its investment in the territory of the Czech Republic. The Claimant relied on Article 5(1) of the CZ-CY Treaty and Article 3 of the UNCITRAL Rules. The Claimant argued that the effect of such measures amounted to expropriation and, therefore, constituted a breach of the said Treaty and Czech law by the Czech Republic.
The Withdrawal of the Notice of Arbitration by the Claimant. On 17 February 2014 the Claimant wrote to the Respondent stating that it withdrew its Notice of Arbitration. In that letter the Claimant explained both the reasons for the withdrawal of the Notice of Arbitration and the effects that such withdrawal should have in its view.