Schoenherr has led Kosovan mobile operator Z-Mobile to victory in its dispute against state-owned Telecom Kosovo in Kosovo’s largest commercial arbitration to date.
An ICC tribunal composed of Georg von Segesser (president), Franz Schwarz (Z-Mobile’s appointee), and Jernej Sekolec (Telecom Kosovo’s appointee), awarded Z-Mobile damages, lost profits, contractual penalties, arbitration costs, and interest in the amount of €31.1m forTelecom Kosovo’s breaches of a 2009 MVNO Support Agreement.
Z-Mobile was further awarded full access to Telecom Kosovo’s infrastructural resources and up-to-date technologies such as 3G and 4G.
The dispute arose under the terms of the agreement which were ambiguous on Z-Mobile’s access to new technologies and sharing of infrastructural resources. Telecom Kosovo had interpreted the terms to the effect that there was no obligation to provide to Z-Mobile any new technologies including 3G and 4G.
The tribunal examined the parties’ joint intent and their subsequent conduct, and concluded that Telecom Kosovo was and is under obligation to provide all new technologies and services to Z-Mobile.
The team advising Z-Mobile was comprised of Christoph Lindinger (partner, dispute resolution), Leon Kopecký (counsel, dispute resolution), and Victoria Pernt (associate, dispute resolution).
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