Case Details

Bayındır İnşaat Turizm Ticaret ve Sanayi A.Ş. v. Islamic Republic of Pakistan (ICSID Case No. ARB/03/29)

Proceeding Materials Procedural Details

  • Highway construction contract
  • Transportation
  • BIT Türkiye - Pakistan 1995
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Bayındır İnşaat Turizm Ticaret ve Sanayi A.Ş. (Turkish)
    • Islamic Republic of Pakistan (Pakistani)
    • December 1, 2003
    • June 15, 2004

      Party Representatives

    • Samdani & Qureshi, Islamabad, Pakistan
      Sidley Austin, Washington, D.C., U.S.A.
      Stephen M. Schwebel, Washington, D.C., U.S.A.
    • Attorney General for Pakistan, Islamabad, Pakistan
      Eversheds, Paris, France
      Samuel Wordsworth, London, U.K.
    • English
    • Concluded
    • August 27, 2009 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Available on the ICSID Website

Decision on Jurisdiction (November 14, 2005) English (Original)

(a) Original Proceeding

Date Development
December 1, 2003 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 15, 2004 The Tribunal is constituted. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President; Franklin Berman (British); and Karl-Heinz Böckstiegel (German).
July 20, 2004 The Claimant files a request for provisional measures.
August 27, 2004 The Respondent files observations on the Claimant's request for provisional measures.
September 24, 2004 The Tribunal holds a first session and a hearing on provisional measures in Paris.
November 29, 2004 The Tribunal issues Procedural Order No. 1 concerning provisional measures.
December 31, 2004 The Respondent files a memorial on jurisdiction.
March 31, 2005 The Claimant files a counter-memorial on jurisdiction.
May 9, 2005 The Respondent files a reply on jurisdiction.
June 17, 2005 The Claimant files a rejoinder on jurisdiction.
July 7, 2005 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 25, 2005 - July 26, 2005 The Tribunal holds a hearing on jurisdiction in Paris.
November 14, 2005 The Tribunal issues a decision on jurisdiction.
December 9, 2005 The Tribunal holds a procedural session with the parties by telephone conference.
December 23, 2005 The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
April 25, 2006 The Claimant files a memorial on the merits.
August 25, 2006 The Respondent files a counter-memorial on the merits.
September 15, 2006 The Claimant files a request for the Tribunal to decide on production of documents.
October 6, 2006 The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents.
October 10, 2006 The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
November 27, 2006 The Tribunal issues Procedural Order No. 4 concerning production of documents.
January 19, 2007 The Tribunal issues Procedural Order No. 5 concerning production of documents and procedural matters.
February 21, 2007 The Claimant files a reply on the merits.
April 10, 2007 The Tribunal issues Procedural Order No. 6 concerning production of documents.
April 30, 2007 The Tribunal issues Procedural Order No. 7 concerning examination of witnesses.
May 24, 2007 The Respondent files a rejoinder on the merits.
June 5, 2007 The Tribunal holds a procedural session with the parties by telephone conference. The proceeding is suspended for 60 days, pursuant to the parties' agreement.
June 20, 2007 The Tribunal issues Procedural Order No. 8 concerning the suspension of the proceeding and the procedural calendar.
August 10, 2007 The parties file a joint request for the resumption of the proceeding.
August 22, 2007 The Tribunal holds a procedural session with the parties by telephone conference.
September 27, 2007 The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing on the merits.
November 1, 2007 The Respondent files a request for reconsideration of the Tribunal's decision of November 29, 2004.
November 30, 2007 The Claimant files observations on the Respondent’s request of November 1, 2007 and a renewed request for provisional measures.
December 19, 2007 The Respondent files a response to the Claimant’s observations of November 30, 2007.
December 21, 2007 The Respondent files a request for the Tribunal to decide on production of documents, including a supplemental expert report.
January 7, 2008 The Claimant files a reply on provisional measures.
January 16, 2008 The Respondent files a rejoinder on provisional measures.
January 21, 2008 The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents of December 21, 2007, including witness statements.
January 24, 2008 The Tribunal decides on the admissibility of new evidence and on production of documents.
February 19, 2008 The Respondent files a response to the Claimant’s observations of January 21, 2008.
March 10, 2008 The Tribunal issues Procedural Order No. 10 concerning examination of witnesses.
March 28, 2008 The Claimant files a request for production of documents.
April 14, 2008 The Tribunal issues Procedural Orders No. 11 and 12 concerning the parties’ respective requests for provisional measures.
May 2, 2008 The Tribunal issues a Procedural Order No. 13 concerning the admissibility of new evidence.
May 8, 2008 The Tribunal issues Procedural Order No. 14 concerning production of documents.
May 12, 2008 The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
May 21, 2008 The Tribunal issues Procedural Order No. 15 concerning the admissibility of new evidence.
May 26, 2008 - June 4, 2008 The Tribunal holds a hearing on the merits in London.
July 16, 2008 Each party files a post-hearing brief.
September 26, 2008 Each party files a statement of costs.
August 5, 2009 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 27, 2009 The Tribunal renders its award.