Case Details

Consolidated Exploration Holdings Ltd. and others v. Kyrgyz Republic (ICSID Case No. ARB(AF)/13/1)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Kyrgyz Republic - Kazakhstan 1997 - Investment Law - Kyrgyz Republic (2003), Moscow Convention (The Convention for the Protection of Investors’ Rights)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Adal Issabekov (Kazakhstani), Aibar Burkitbayev (Kazakhstani), Aidan Karibzhanov (Kazakhstani), Aigoul Nourmakhanova (Kazakhstani), Almas Chukin (Kazakhstani), Consolidated Exploration Holdings Ltd. (Seychelles), Damir Karassayev (Kazakhstani), Gulzhamash Zaitbekova (Kazakhstani), Kairat Omarov (Kazakhstani), Lyazzat Daurenbekova (Kazakhstani), Michael Sauer (Danish), Nikolay Varenko (Kazakhstani), Pavel Borissov (Kazakhstani), Vladislav Kim (Kazakhstani)
Respondent(s):

Kyrgyz Republic (Kyrgyz)
Date Registered:

April 23, 2013
Date of Constitution of Tribunal:

November 4, 2013

Composition of Tribunal

President:

John R. CROOK (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Baker & McKenzie, Moscow, Russia, New York, NY, U.S.A. and Almaty, Kazakhstan
Respondent(s):

Arnold & Porter, London, U.K. and Washington, D.C., U.S.A.
Prime Minister of the Kyrgyz Republic and Minister of Justice of the Kyrgyz Republic, Bishkek, Kyrgyz Republic
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 1, 2015 - The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to Article 53 of the ICSID Arbitration (Additional Facility) Rules.

No References Available.

(a) Original Proceeding

Date	Development
April 23, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
July 30, 2013	Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator.
August 7, 2013	Following appointment by the Claimants, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
November 4, 2013	The Tribunal is constituted in accordance with Article 6(4) of the ICSID Arbitration (Additional Facility) Rules. Its members are: John R. Crook (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 10 of the ICSID Arbitration (Additional Facility) Rules; Bernard Hanotiau (Belgian), appointed by the Claimants; and Philippe Sands (British/French), appointed by the Respondent.
March 17, 2014	The Tribunal holds a first session by telephone and video conference.
April 10, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 12, 2014	The Tribunal issues Procedural Order No. 2 concerning the confidentiality of documents.
October 7, 2014	The Claimants file a memorial on the merits.
February 16, 2015	The Respondent files a memorial on jurisdiction.
March 6, 2015	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
March 26, 2015	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
April 13, 2015	The Tribunal issues Procedural Order No. 5 on production of documents.
May 12, 2015	The Tribunal issues Procedural Order No. 6 concerning production of documents.
May 13, 2015	The Tribunal issues Procedural Order No.7 concerning the suspension of the proceeding. The proceeding is suspended until August 13, 2015, pursuant to the parties’ agreement.
September 1, 2015	The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to Article 53 of the ICSID Arbitration (Additional Facility) Rules.