Case Details

AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16)

Proceeding Materials Procedural Details

  • Power facilities and trading companies
  • Electric Power & Other Energy
  • BIT United States of America - Kazakhstan 1992 - ECT (Energy Charter Treaty), Investment Law - Kazakhstan (1994)
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • AES Corporation (U.S.), Tau Power B.V. (Dutch)
    • Republic of Kazakhstan (Kazakhstani)
    • July 20, 2010
    • January 5, 2011

      Composition of Tribunal

    • Pierre TERCIER (Swiss) - Appointed by Co-Arbitrators
    • Vaughan LOWE (British) - Appointed by the Respondent(s)
      Klaus SACHS (German) - Appointed by the Claimant(s)

      Party Representatives

    • Allen & Overy, London, U.K.
    • Joe Smouha, London, U.K.
      Ministry of Justice of Kazakhstan, Prime Minister of Kazakhstan and Minister of Finance of Kazakhstan, Astana, Kazakhstan
      Reed Smith, London, U.K.
      Simon Olleson, London, U.K.
    • English
    • Concluded
    • November 1, 2013 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date Development
July 20, 2010 The Secretary-General registers a request for the institution of arbitration proceedings.
January 5, 2011 The Tribunal is constituted. Its members are: Gary B. Born (US), President; Klaus M. Sachs (German); and Vaughan Lowe (British).
January 21, 2011 Following the resignation of one of the arbitrators, the Secretary-General notifies the parties of the vacancy on the Tribunal; the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
January 31, 2011 Following the resignation of an arbitrator, the Centre notifies the parties of a vacancy on the Tribunal; the proceeding is suspended.
February 24, 2011 The Tribunal is reconstituted. Its members are: Pierre Tercier (Swiss), President; Klaus M. Sachs (German); and Vaughan Lowe (British).
April 5, 2011 The Tribunal holds a first session in London.
April 19, 2011 The Tribunal issues Procedural Order No. 1 concerning the procedural calendar.
April 28, 2011 The Claimants file a memorial on the merits.
August 4, 2011 The Claimants file observations on the Respondent's request for an extension of the deadline to submit its Counter-Memorial.
August 4, 2011 The Respondent files a request for an extension of the deadline to file the counter-memorial.
August 5, 2011 The Respondent files a response to the Claimants’ observations of August 4, 2011.
August 15, 2011 The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
October 7, 2011 The Respondent files a counter-memorial on the merits.
January 13, 2012 Each party files a request for the Tribunal to issue an order concerning production of documents.
February 3, 2012 The Tribunal issues Procedural Order No. 3 concerning production of documents.
June 25, 2012 The Respondents file a rejoinder on the merits.
June 27, 2012 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 27, 2012 The Respondent files a request to modify the procedural calendar.
July 10, 2012 The Respondent reiterated its request of June 27, 2012.
July 11, 2012 The Claimant commented on the Respondent’s request regarding the procedural calendar, requested the Tribunal to rule on the admission of certain documents in the record, and requested leave to submit an additional claim.
July 18, 2012 The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
July 23, 2012 The Respondent commented on the Claimant’s requests regarding the admission of certain documents in the record and leave to submit an additional claim.
July 26, 2012 The Tribunal issues Procedural Order No. 5 concerning the admission of certain documents in the record and the submission of an additional claim.
August 6, 2012 The Claimants file a supplementary submission on an additional claim.
August 8, 2012 The Respondent files observations on the Claimants' supplementary submission on an additional claim.
August 9, 2012 The Claimants file a response to the Respondent's observations of August 8, 2012.
August 10, 2012 The Tribunal issues Procedural Order No. 6 concerning the Claimants' submission of August 6, 2012.
August 27, 2012 The Respondent files further observations on the Claimants' submission of August 9, 2012.
September 10, 2012 - September 14, 2012 The Tribunal holds a hearing on the merits in London.
October 5, 2012 The Tribunal issues Procedural Order No. 7 concerning the procedural calendar and procedural matters.
November 2, 2012 The Claimants file a supplementary submission on quantum.
November 23, 2012 The Tribunal issues Procedural Order No. 8 concerning admission of documents into the record.
November 30, 2012 Each party files a post-hearing brief.
December 18, 2012 The Respondent files a reply to Claimant's supplementary quantum submission.
January 4, 2013 The Tribunal issues Procedural Order No. 9 concerning procedural matters.
January 14, 2013 The Respondent files a submission on the quantum of the additional claim.
February 5, 2013 - February 7, 2013 The Tribunal holds a hearing on quantum in Paris.
April 5, 2013 Each party files post-hearing briefs.
April 8, 2013 The Tribunal issues Procedural Order No. 10 concerning procedural matters.
April 9, 2013 The Respondent files a request concerning post-hearing briefs.
April 16, 2013 The Claimant files observations on the Respondent’s request of April 9, 2013.
April 18, 2013 The Tribunal issues Procedural Order No. 11 concerning post-hearing briefs.
April 23, 2013 Each party files reply post-hearing briefs.
May 17, 2013 Each party files a submission on costs.
September 12, 2013 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 1, 2013 The Tribunal renders its award.