Case Details

Baymina Enerji Anonim Şirketi v. Boru Hatları ile Petrol Taşıma Anonim Şirketi (ICSID Case No. ARB/14/35)

Subject of Dispute:

Natural gas power plant project
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Baymina Enerji Anonim Şirketi (Turkish)
Respondent(s):

Boru Hatları ile Petrol Taşıma Anonim Şirketi (Turkish)
Date Registered:

December 30, 2014
Date of Constitution of Tribunal:

August 24, 2015

Composition of Tribunal

President:

Doug JONES (Australian, Irish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Thomas WEBSTER (Canadian) - Appointed by the Claimant(s)
Peter REES (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Bilgiç Avukatlik Ortakligi, Istanbul, Turkey
Cooley, New York, NY, U.S.A.
Respondent(s):

Dentons US, Houston, TX and Washington, D.C., U.S.A.
Sanli Law Firm, Istanbul, Turkey
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 28, 2017 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

December 1, 2017
Date of Constitution of ad hoc Committee:

January 17, 2018

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Campbell Alan MC LACHLAN (New Zealand)
Members:

Bertha COOPER-ROUSSEAU (Bahamian)
Byung-Chol YOON (Korean)

Party Representatives

Claimant(s):

Bilgiç Avukatlik Ortakligi, Istanbul, Turkey
Cooley, New York, NY, U.S.A.
Respondent(s):

Dentons US, Washington, D.C., U.S.A.
Sanli Law Firm, Istanbul, Turkey
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 18, 2019 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).

No References Available.

(a) Original Proceeding

Date	Development
December 30, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
February 9, 2015	Following appointment by the Claimant, Thomas Webster (Canadian) accepts his appointment as arbitrator.
March 31, 2015	Following appointment by the Respondent, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
August 3, 2015	Albert Jan van den Berg withdraws acceptance of his appointment as arbitrator.
August 7, 2015	Following appointment by the Chairman of the Administrative Council, Doug Jones (Australian/Irish) accepts his appointment as presiding arbitrator.
August 24, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Doug Jones (Australian/Irish), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Thomas Webster (Canadian), appointed by the Claimant; and Peter Rees (British) appointed by the Respondent.
August 24, 2015	Following appointment by the Respondent, Peter Rees (British) accepts his appointment as arbitrator.
October 8, 2015	The Tribunal holds a first session by telephone conference.
October 20, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 3, 2015	The Respondent files a written submission on preliminary points.
December 2, 2015	The Claimant files observations on the Respondent’s submission of November 3, 2015.
December 16, 2015	The Respondent files a reply on its submission of November 3, 2015.
December 29, 2015	The Tribunal issues Procedural Order No. 2 concerning the applicable ICSID arbitration rules.
January 8, 2016	The Tribunal holds a procedural meeting with the parties by telephone conference.
January 15, 2016	The parties file a joint submission on procedural matters.
January 24, 2016	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
February 19, 2016	The Claimant files a memorial on the merits.
June 24, 2016	The Respondent files a counter-memorial on the merits.
July 22, 2016	The Tribunal issues Procedural Order No. 4 concerning whether to issue the decision on jurisdiction as a preliminary question.
August 5, 2016	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
August 19, 2016	The Tribunal issues a decision on jurisdiction.
August 24, 2016	The Tribunal issues Procedural Order No. 5 concerning production of documents.
October 19, 2016	The Tribunal issues Procedural Order No. 6 concerning production of documents.
November 11, 2016	The Claimant files a reply on the merits.
December 28, 2016	The Respondent files a request for reconsideration of the Tribunal’s decision of August 24, 2016.
December 29, 2016	The Claimant files observations on the Respondent’s request of December 28, 2016.
January 3, 2017	The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request of December 28, 2016.
January 30, 2017	The Respondent files a rejoinder on the merits.
February 1, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
February 7, 2017	The Claimant files a request for the exclusion of evidence.
February 9, 2017	The Respondent files observations on the Claimant’s request for the exclusion of evidence of February 7, 2017.
February 12, 2017	The Tribunal issues Procedural Order No. 8 concerning hearing organization.
February 14, 2017	The Tribunal issues Procedural Order N. 9 concerning the exclusion of evidence. The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. The Respondent files a request for the Tribunal to decide on hearing organization.
February 16, 2017	Each party files observations on the other party’s request of February 14, 2017.
February 17, 2017	The Claimant files a response to the Respondent’s observations of February 16, 2017.
February 18, 2017	The Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence and hearing organization.
February 20, 2017 - February 23, 2017	The Tribunal holds a hearing on the merits in Washington, D.C.
March 29, 2017	Each party files a post-hearing brief.
April 4, 2017	The Tribunal holds a hearing on the merits in Toronto.
May 31, 2017	Each party files a submission on costs.
June 20, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 28, 2017	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
December 1, 2017	The Acting Secretary-General registers an application for annulment of the award filed by Boru Hatları ile Petrol Taşıma Anonim Şirketi and notifies the parties of the provisional stay of enforcement of the award.
January 17, 2018	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Campbell McLachlan (New Zealand), President; Bertha Cooper-Rousseau (Bahamian); and Byung-Chol Yoon (Korean); all members appointed by the Chairman of the Administrative Council.
March 7, 2018	The ad hoc Committee holds a first session by telephone conference.
March 17, 2018	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
April 16, 2018	Boru Hatları ile Petrol Taşıma Anonim Şirketi files a request to continue the stay of enforcement of the award.
May 7, 2018	Baymina Enerji Anonim Şirketi files observations on Boru Hatları ile Petrol Taşıma Anonim Şirketi’s request to continue the stay of enforcement of the award.
June 11, 2018	Boru Hatları ile Petrol Taşıma Anonim Şirketi files a memorial on annulment.
June 25, 2018	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
September 14, 2018	Baymina Enerji Anonim Şirketi files a counter-memorial on annulment.
November 20, 2018	The ad hoc Committee issues Procedural Order No. 2 concerning its decision on the continuation of the stay of enforcement of the award.
November 21, 2018	Boru Hatları ile Petrol Taşıma Anonim Şirketi files a reply on annulment.
January 28, 2019	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).
March 18, 2019	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).