Case Details

Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/05/16)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Türkiye - Kazakhstan 1992 - Investment Law - Kazakhstan (1994)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Rumeli Telekom A.S. (Turkish), Telsim Mobil Telekomunikasyon Hizmetleri A.S. (Turkish)
Respondent(s):

Republic of Kazakhstan (Kazakhstani)
Date Registered:

August 30, 2005
Date of Constitution of Tribunal:

December 9, 2005

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by Co-Arbitrators
Arbitrators:

Stewart BOYD (British) - Appointed by the Respondent(s)
Marc LALONDE (Canadian) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Salans, Paris, France
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 29, 2008 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

November 7, 2008 (Respondent(s))
Date of Constitution of ad hoc Committee:

December 12, 2008

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

President:

Stephen M. SCHWEBEL (U.S.)
Members:

Campbell Alan MC LACHLAN (New Zealand)
Eduardo SILVA ROMERO (Colombian, French)

Party Representatives

Claimant(s):

Derains Gharavi & Lazareff, Paris, France
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 25, 2010 - The ad hoc Committee issues a Decision on the Application for Annulment.

No References Available.

(a) Original Proceeding

Date	Development
August 30, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
December 9, 2005	The Tribunal is constituted. Its members are: Bernard Hanotiau (Belgian), President; Stewart Boyd (British); and Marc Lalonde (Canadian).
January 30, 2006	The Tribunal holds its first session by telephone conference.
March 31, 2006	The Respondent files objections to jurisdiction.
April 26, 2006	The Tribunal issues a decision joining the objections to jurisdiction to the merits.
April 28, 2006	The Tribunal issues a procedural order concerning the production of documents.
May 17, 2006	The Tribunal issues a further procedural order concerning the production of documents.
August 10, 2006	The Tribunal issues a procedural order concerning the production of documents.
August 21, 2006	The Claimants file a memorial on the merits.
December 14, 2006	The Respondent files a counter-memorial on the merits.
February 27, 2007	The Claimants file a reply on the merits.
May 23, 2007	The Respondent files a rejoinder on the merits.
October 19, 2007 - October 26, 2007	The Tribunal holds a hearing on the merits in Paris.
December 19, 2007	The parties file post-hearing briefs.
June 16, 2008	The Tribunal declares the proceeding closed.
July 29, 2008	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 7, 2008	The Acting Secretary-General registers an application for the institution of annulment proceedings, and notifies the parties of the provisional stay of enforcement of the award.
December 12, 2008	The ad hoc Committee is constituted. Its members are: Stephen M. Schwebel (U.S.), President; Campbell McLachlan (New Zealand); and Eduardo Silva Romero (Colombian).
January 22, 2009	Rumeli Telekom A.S. & Telsim Mobil Telekomunikasyon Hizmetleri A.S. file observations on the stay of enforcement of the award.
January 30, 2009	The Republic of Kazakhstan files observations on the Rumeli Telekom A.S. & Telsim Mobil Telekomunikasyon Hizmetleri A.S. 's observations on the stay of enforcement of the award.
February 9, 2009	The ad hoc Committee holds a first session in Washington, D.C.
March 19, 2009	The ad hoc Committee issues a decision on the stay of enforcement of the award.
April 9, 2009	The Republic of Kazakhstan files a memorial on annulment.
June 9, 2009	Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. files a counter-memorial on annulment.
July 28, 2009	The Republic of Kazakhstan files a reply on annulment.
September 11, 2009	Rumeli Telekom A.S. & Telsim Mobil Telekomunikasyon Hizmetleri A.S. file a rejoinder on annulment.
October 22, 2009 - October 23, 2009	The ad hoc Committee holds a hearing on annulment at The Hague.
November 13, 2009	The Claimants file a statement of costs.
November 18, 2009	The Respondent files a statement of costs.
March 25, 2010	The ad hoc Committee issues a Decision on the Application for Annulment.