Case Details

JSC Tashkent Mechanical Plant and others v. Kyrgyz Republic (ICSID Case No. ARB(AF)/16/4)

Subject of Dispute:

Resort management and operation
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Uzbekistan - Kyrgyz Republic 1996 - Investment Law - Kyrgyz Republic (2003)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

JSC Tashkent Mechanical Plant (Uzbek), JSCB Uzbek Industrial and Construction Bank (Uzbek), JSCB Asaka (Uzbek), National Bank for Foreign Economic Activity of the Republic of Uzbekistan (Uzbek)
Respondent(s):

Kyrgyz Republic (Kyrgyz)
Date Registered:

September 6, 2016
Date of Constitution of Tribunal:

February 13, 2017

Composition of Tribunal

President:

Bernardo M. CREMADES (Spanish) - Appointed by the Parties
Arbitrators:

Gary B. BORN (U.S.) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, Washington, D.C., U.S.A.
Respondent(s):

Center for Court Representation of the Kyrgyz Republic, Bishkek, Kyrgyz Republic
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 17, 2023 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Zachary Douglas.

(a) Original Proceeding

Published Decisions

Decision on Bifurcated Preliminary Objections (May 1, 2019) (English;)

Partial Dissenting Opinion of Zachary Douglas (May 1, 2019) (English;)

Award (May 17, 2023) (English;)

Partial Dissenting Opinion of Zachary Douglas (May 17, 2023) (English;)

(a) Original Proceeding

Date	Development
September 6, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
November 3, 2016	Following appointment by the Claimants, Gary Born (U.S.) accepts his appointment as arbitrator.
November 14, 2016	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
February 10, 2017	Following appointment by the parties, Bernardo M. Cremades (Spanish) accepts his appointment as presiding arbitrator.
February 13, 2017	The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Bernardo M. Cremades (Spanish), President, appointed by agreement of the parties; Gary Born (U.S.), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent.
April 27, 2017	The Tribunal holds a first session by video conference.
May 17, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 24, 2017	The Respondent notifies the Tribunal of its intent to file objections to jurisdiction as a preliminary question.
July 16, 2017	The Respondent files a memorial on jurisdiction.
September 25, 2017	The Claimants file a counter-memorial on jurisdiction.
November 12, 2017	The Respondent files a reply on jurisdiction.
December 14, 2017	The proceeding is suspended until April 14, 2018, pursuant to the parties’ agreement.
April 12, 2018	The suspension of the proceeding is extended until July 14, 2018, pursuant to the parties’ agreement.
August 27, 2018	The Claimants file a rejoinder on jurisdiction.
December 11, 2018	The Tribunal issues Procedural Order No. 2 concerning hearing organization.
January 8, 2019 - January 9, 2019	The Tribunal holds a hearing on preliminary objections in Paris.
February 7, 2019	Each party files a submission on costs.
May 1, 2019	The Tribunal issues a decision on jurisdiction.
May 5, 2020	The Claimants file a request for provisional measures.
July 15, 2020	The Claimants file a memorial on the merits.
July 22, 2020	The Tribunal issues Procedural Order No. 3 concerning provisional measures.
March 24, 2021	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
April 21, 2021	The Tribunal holds a pre-hearing organizational meeting by video conference.
April 23, 2021	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
May 24, 2021 - May 25, 2021	The Tribunal holds a hearing on the merits by video conference.
July 9, 2021	The Claimants file a post-hearing brief.
February 15, 2022	The Claimants file a submission on costs.
May 7, 2022	The Respondent files a counter-memorial on the merits.
June 6, 2022	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
September 16, 2022	The Claimants file a reply on the merits.
November 21, 2022	Each party files a submission on costs.
May 3, 2023	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the Arbitration (Additional Facility) Rules.
May 17, 2023	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Zachary Douglas.