Case Details

Europe Cement Investment and Trade S.A. v. Republic of Turkey (ICSID Case No. ARB(AF)/07/2)

Subject of Dispute:

Electricity concessions
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Europe Cement Investment and Trade S.A. (Polish)
Respondent(s):

Republic of Turkey (Turkish)
Date Registered:

March 6, 2007
Date of Constitution of Tribunal:

September 13, 2007

Composition of Tribunal

President:

Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Julian D.M. LEW (British) - Appointed by the Claimant(s)
Laurent LÉVY (Brazilian, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Teissonnière Sardain Chevé, Paris, France
Respondent(s):

Coşar Avukatlik Bürosu, Istanbul, Turkey
Freshfields Bruckhaus Deringer, New York, NY, U.S.A, and Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 13, 2009 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
March 6, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
September 13, 2007	The Tribunal is constituted. Its members are: Donald McRae (Canadian), President; Julian Lew (British); and Laurent Lévy (Swiss/Brazilian).
November 16, 2007	The parties file a joint submission concerning the first session of the Tribunal.
November 21, 2007	The Tribunal holds a first session without the parties by telephone conference.
December 19, 2007	The Respondent files requests for the suspension of the proceeding, for production of documents, and for provisional measures. The Claimant files a request for provisional measures.
December 30, 2007	The Claimant files observations on the Respondent’s requests.
January 10, 2008	The Respondent files observations on the Claimant’s request for provisional measures.
January 22, 2008	The Tribunal issues a procedural order concerning the parties’ respective requests for provisional measures.
March 13, 2008	The Claimant files a further request for provisional measures.
March 20, 2008	The Respondent files observations on the Claimant’s further request for provisional measures.
April 2, 2008	The Claimant files a reply on provisional measures.
April 9, 2008	The Respondent files a rejoinder on the Claimant’s further request for provisional measures.
May 15, 2008	The Claimant files a memorial on jurisdiction and admissibility.
May 22, 2008	The parties file applications renewing their requests for provisional measures and document production.
May 25, 2008	The Tribunal holds a hearing in Paris on the parties’ renewed applications.
May 29, 2008	The Tribunal issues a procedural order concerning the Respondent’s renewed applications.
June 5, 2008	The Tribunal issues a procedural order concerning the Claimant’s renewed applications.
June 23, 2008	The Claimant files observations on the Respondent’s request for production of documents.
June 30, 2008	The Respondent files a reply to the Claimant’s observations.
July 23, 2008	The Tribunal issues a procedural order concerning the procedural calendar.
September 12, 2008	The Tribunal issues a further procedural order concerning the procedural calendar.
November 17, 2008	The Tribunal issues a further procedural order concerning the procedural calendar.
December 3, 2008	The Tribunal issues a further procedural order concerning the procedural calendar.
December 4, 2008	The Claimant requests the discontinuance of the proceeding.
December 16, 2008	The Respondent objects to the Claimant’s request for discontinuance of the proceeding.
December 23, 2008	The Tribunal issues a procedural order concerning the continuation of the proceeding.
January 30, 2009	The Respondent files a memorial on jurisdiction.
April 17, 2009	The Respondent files documentary evidence in support of its memorial on jurisdiction.
May 3, 2009	The Tribunal holds a hearing on jurisdiction in Paris.
June 3, 2009	The Respondent files a submission on costs.
June 23, 2009	The Tribunal issues a procedural order concerning the admissibility of documents.
July 12, 2009	The Claimant files a submission on costs.
July 13, 2009	The Tribunal declares the proceeding closed.
August 13, 2009	The Tribunal renders its award.