Case Details

Aktau Petrol Ticaret A.Ş. v. Republic of Kazakhstan (ICSID Case No. ARB/15/8)

Subject of Dispute:

Oil transportation and transshipment
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Türkiye - Kazakhstan 1992 - ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Aktau Petrol Ticaret A.Ş. (Turkish)
Respondent(s):

Republic of Kazakhstan (Kazakhstani)
Date Registered:

March 6, 2015
Date of Constitution of Tribunal:

June 30, 2015

Composition of Tribunal

President:

Ian BINNIE (Canadian) - Appointed by Co-Arbitrators
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Daniel BETHLEHEM (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Akinci Law Office, Paris, France
Derains & Gharavi, Paris, France
Respondent(s):

Reed Smith, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 13, 2017 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

February 27, 2018 (Respondent(s))
Date of Constitution of ad hoc Committee:

March 22, 2018

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

President:

Joan E. DONOGHUE (U.S.)
Members:

Loretta MALINTOPPI (Italian)
Hiroshi ODA (Japanese)

Party Representatives

Claimant(s):

Akinci Law Office, Istanbul, Turkey
Derains & Gharavi, Paris, France
Respondent(s):

Reed Smith, London, U.K.
3 Verulam Buildings, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 21, 2019 - The ad hoc Committee issues its decision on annulment.

No References Available.

(a) Original Proceeding

Date	Development
March 6, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
May 7, 2015	Following appointment by the Claimants, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
May 20, 2015	Following appointment by the Respondent, Daniel Bethlehem (British) accepts his appointment as arbitrator.
June 30, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ian Binnie (Canadian), President, appointed by his co-arbitrators; Bernard Hanotiau (Belgian), appointed by the Claimants; and Daniel Bethlehem (British), appointed by the Respondent.
June 30, 2015	Following appointment by the co-arbitrators, Ian Binnie (Canadian) accepts his appointment as presiding arbitrator.
July 17, 2015	The Respondent files a proposal for disqualification of arbitrator Bernard Hanotiau. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
August 7, 2015	The Claimants file observations on the proposal for disqualification.
August 12, 2015	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
August 28, 2015	The Respondent files further observations on the proposal for disqualification.
September 4, 2015	The Claimants file a rejoinder on the proposal for disqualification.
November 9, 2015	The proposal for disqualification of arbitrator Bernard Hanotiau is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
December 21, 2015	The Tribunal holds a first session by telephone conference.
January 6, 2016	The Claimants file a memorial on the merits.
January 21, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 18, 2016	The Tribunal issues Procedural Order No. 2 taking note of the discontinuance of the proceeding with respect to Som Petrol Ticaret A.Ş. pursuant to ICSID Arbitration Rule 44.
April 29, 2016	The Respondent files a counter-memorial on the merits.
August 5, 2016	The Tribunal issues Procedural Order No. 3 concerning the production of documents.
October 11, 2016	The Claimant files a reply on the merits.
November 4, 2016	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
January 12, 2017	The Claimant files a request for provisional measures.
January 18, 2017	The Respondent files observations on the Claimant’s request for provisional measures.
January 19, 2017	The Claimant files a response to the Respondent’s observations of January 18, 2017.
January 27, 2017	The Tribunal issues Procedural Order No. 5 concerning provisional measures.
January 30, 2017	The Respondent files a rejoinder on the merits.
February 22, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
February 26, 2017	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
March 31, 2017 - April 7, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
October 24, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 13, 2017	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
February 27, 2018	The Secretary-General registers an application for annulment of the award filed by the Republic of Kazakhstan and notifies the parties of the provisional stay of enforcement of the award.
March 22, 2018	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Joan E. Donoghue (U.S.), President; Loretta Malintoppi (Italian); and Hiroshi Oda (Japanese); all members appointed by the Chairman of the Administrative Council.
April 13, 2018	The Republic of Kazakhstan files a request to continue the stay of enforcement of the award.
April 27, 2018	Aktau Petrol Ticaret A.S. files observations on the Republic of Kazakhstan’s request to continue the stay of enforcement of the award.
May 4, 2018	The Republic of Kazakhstan files a response to Aktau Petrol Ticaret A.S.’s observations of April 27, 2018.
May 11, 2018	Aktau Petrol Ticaret A.S. files further observations on the Republic of Kazakhstan’s request to continue the stay of enforcement of the award.
May 17, 2018	The ad hoc Committee holds a first session by telephone conference.
June 5, 2018	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
June 13, 2018	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
June 29, 2018	Aktau Petrol Ticaret A.S. files a counter-memorial on annulment.
July 4, 2018	The ad hoc Committee issues Procedural Order No. 2 concerning the procedural calendar.
August 6, 2018	The ad hoc Committee issues Procedural Order No. 3 concerning the stay of enforcement of the award.
August 17, 2018	The Republic of Kazakhstan files a reply on annulment.
October 5, 2018	Aktau Petrol Ticaret A.S files a rejoinder on annulment.
January 14, 2019 - January 15, 2019	The ad hoc Committee holds a hearing on annulment in The Hague.
January 17, 2019	The Republic of Kazakhstan files a request concerning the stay of enforcement of the award.
January 21, 2019	Aktau Petrol Ticaret A.S. files observations on the Republic of Kazakhstan’s request concerning the stay of enforcement of the award.
January 24, 2019	The ad hoc Committee issues Procedural Order No. 4 concerning the stay of enforcement of the award.
February 14, 2019	Each party files a statement of costs.
February 21, 2019	Each party files a submission on costs.
May 2, 2019	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 53 and 38(1).
June 21, 2019	The ad hoc Committee issues its decision on annulment.