Case Details

Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/06/8)

Subject of Dispute:

Electricity generation and distribution concessions
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Libananco Holdings Co. Limited (Cypriot)
Respondent(s):

Republic of Turkey (Turkish)
Date Registered:

April 19, 2006
Date of Constitution of Tribunal:

December 18, 2006

Composition of Tribunal

President:

Michael HWANG (Singaporean) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
Franklin BERMAN (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C., U.S.A.
Lellos P. Demetriades Law Office, Nicosia, Cyprus
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 2, 2011 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

December 20, 2011 (Claimant(s))
Date of Constitution of ad hoc Committee:

February 14, 2012

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Andrés RIGO SUREDA (Spanish)
Members:

Hans DANELIUS (Swedish)
Eduardo SILVA ROMERO (Colombian, French)

Party Representatives

Claimant(s):

Andreas Lowenfeld, NY, U.S.A.
Volterra Fietta, London, U.K.
Respondent(s):

Lalive, Geneva, Switzerland
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 22, 2013 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award

Decision on Preliminary Issues - English (Original) (June 23, 2008)

Available on the ICSID Website

Award (September 2, 2011) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Applicant's Request for Provisional Measures

Decision on Applicant's Request for a Continued Stay of Enforcement of the Award

Excerpts of Decision on Annulment

Available on the ICSID Website

Decision on Applicant's Request for Provisional Measures (May 7, 2012) English (Original)

Decision on Applicant's Request for a Continued Stay of Enforcement of the Award (May 7, 2012) English (Original)

Excerpts of Decision on Annulment (May 22, 2013) English (Original)

(a) Original Proceeding

Date	Development
April 19, 2006	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 22, 2006	Following appointment by the Claimants, Henri C. Álvarez (Canadian) accepts his appointment as arbitrator.
July 26, 2006	Following appointment by the Respondent, Franklin Berman (British) accepts his appointment as arbitrator.
August 21, 2006	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
December 13, 2006	Following appointment by the Chairman of the Administrative Council, Michael Hwang (Singaporean) accepts his appointment as presiding arbitrator.
December 18, 2006	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Michael Hwang (Singaporean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Franklin Berman (British) appointed by the Claimant; and Henri C. Álvarez (Canadian), appointed by the Respondent.
February 12, 2007	The Tribunal holds a first session in New York.
August 1, 2007	The Claimant files a request for production of documents.
September 17, 2007	The Respondent files a response to the Claimant’s request for production of documents.
October 12, 2007	The Claimant files a memorial on the merits and jurisdiction.
December 19, 2007	The Respondent files requests for the suspension of the proceeding, for production of documents, and for provisional measures.
February 11, 2008	The Claimant files observations on the Respondent’s requests for production of documents and provisional measures.
February 25, 2008	The Respondent files a reply on provisional measures.
February 29, 2008	The Claimant files a request for provisional measures.
April 28, 2008 - April 29, 2008	The Tribunal holds a hearing on the parties’ requests in Washington, D.C.
May 1, 2008	The Tribunal issues a summary decision on preliminary issues.
June 23, 2008	The Tribunal issues a detailed decision on preliminary issues.
June 24, 2008	The Respondent files objections to jurisdiction and admissibility.
August 11, 2008	The Tribunal issues a procedural order concerning the procedural calendar preliminary issues.
September 16, 2008	The Tribunal issues further instructions regarding its procedural order of August 11, 2008.
September 26, 2008	The Respondent files a counter-memorial on the merits.
October 9, 2008	The Respondent files a request for production of documents.
November 3, 2008	The Tribunal issues a procedural order concerning production of documents.
November 19, 2008	The parties agree on a protocol for the inspection of documents in Washington, D.C.
November 21, 2008	The Tribunal approves a protocol for the inspection of documents in Europe.
December 17, 2008	The Tribunal decides to deal with certain jurisdictional objections as a preliminary matter.
February 25, 2009	The Claimant files a further request for production of documents.
March 3, 2009	The Respondent files a supplement to its counter-memorial and a request for modification of the Tribunal's procedural order of December 17, 2008.
March 6, 2009	The Claimant files observations on the Respondent's request for modification of the Tribunal's procedural order of December 17, 2008.
March 9, 2009	The Respondent files observations on the Claimant's further request for production of documents.
March 20, 2009	The Claimant files a response to the Respondent's observations of March 9, 2009, and further observations on the Respondent's request for modification of the Tribunal's procedural order.
March 27, 2009	The Claimant files a further request for production of documents and a notification of a change of ownership. The Respondent files a reply on production of documents and a response to the Claimant's further observations on the request for modification of the Tribunal's procedural order.
April 3, 2009	The Claimant files a rejoinder on production of documents and on the request for modification of the Tribunal's procedural order. The Respondent files observations on the Claimant's further request for production of documents of March 27, 2009.
April 10, 2009	The Claimant files observations on production of documents.
April 14, 2009	The Respondent files a reply to the Claimant’s response of June 4, 2009, and observations on the Claimant’s request of August 3, 2009.
April 16, 2009	The parties file observations on production of documents.
April 21, 2009	The Respondent files a response to the Claimant's observations on production of documents.
April 27, 2009	The Tribunal issues a procedural order concerning the production of documents.
May 3, 2009	The Claimant files a counter-memorial on preliminary objections to jurisdiction.
May 12, 2009	The Tribunal issues a procedural order concerning the production of documents.
May 26, 2009	The Tribunal issues a procedural order concerning the procedural calendar.
June 4, 2009	The Claimant files observations on the Respondent’s supplement to its counter-memorial and on the Respondent’s request for modification of March 3, 2009.
June 19, 2009	The Respondent files a reply on preliminary objections to jurisdiction.
July 8, 2009	The Tribunal issues a procedural order concerning (i) the Respondent’s request for modification on the Tribunal’s procedural of December 17, 2008, (ii) production of documents, (iii) the procedural calendar, and (iv) the hearing on preliminary objections to jurisdiction.
July 10, 2009	The Respondent files a further request for production of documents.
July 13, 2009	The Tribunal issues a procedural order concerning production of evidence.
July 23, 2009	The Claimant files observations on the Respondent’s further request for production of documents.
July 27, 2009	The Respondent files a response to the Claimant's observations of July 23, 2009.
August 3, 2009	The Claimant files a request concerning examination of witnesses.
August 4, 2009	The Claimant files a rejoinder on preliminary objections to jurisdiction and a request for modification of two procedural orders.
August 6, 2009	The Tribunal issues a further procedural order concerning production of documents.
August 14, 2009	The Respondent files a reply to the Claimant’s response of June 4, 2009, and observations on the Claimant’s request of August 3, 2009.
August 25, 2009	The Respondent files further observations on the Claimant’s request of August 3, 2009.
August 31, 2009	The Tribunal issues a procedural order concerning examination of witnesses.
September 10, 2009	The Tribunal issues a decision on the Claimant's request of August 4, 2009.
September 11, 2009	The Respondent files an amendment to its request for production of documents.
September 25, 2009	The Claimant files observations on the Respondent's amended request of September 11, 2009.
October 1, 2009	The Respondent files a response to the Claimant's observations of September 25, 2009.
October 7, 2009	The Claimant files a request to strike evidence from the record.
October 12, 2009	The Claimant files a rejoinder to the Respondent's supplement to its counter-memorial of March 3, 2009.
October 14, 2009	The President of the Tribunal holds a pre-hearing conference with the parties by telephone.
October 16, 2009	The Respondent files observations on the Claimant's request of October 7, 2009.
October 20, 2009	The Claimant files a reply to the Respondent’s observations of October 16, 2009.
October 22, 2009	The Tribunal issues a procedural order concerning examination of witnesses and a decision concerning production of documents.
October 30, 2009	The Tribunal issues a further procedural order concerning examination of witnesses.
November 2, 2009 - November 7, 2009	The Tribunal holds a hearing on preliminary jurisdictional objections in Washington, D.C.
March 23, 2010 - March 25, 2010	The Tribunal holds a hearing on preliminary jurisdictional objections in Paris.
July 1, 2010	The parties file post-hearing briefs and statements of costs.
September 2, 2011	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
December 20, 2011	The Secretary-General registers an application for annulment of the award filed by Libananco Holdings Co., and notifies the parties of the provisional stay of enforcement of the award.
February 14, 2012	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Andres Rigo Sureda (Spanish), President; Hans Danelius (Swedish) and Eduardo Silva Romero (Colombian/French); all members appointed by the Chairman of the Administrative Council.
March 2, 2012	Libananco Holdings Co. Limited files a request to continue the stay of enforcement of the award.
March 14, 2012	Libananco Holdings Co. Limited files a request for provisional measures.
March 23, 2012	The Republic of Turkey files observations on Libananco Holdings Co. Limited's request to continue the stay of enforcement of the award of March 2, 2012 and on its request for provisional measures of March 14, 2012.
March 29, 2012	Libananco Holdings Co. Limited files a reply on the observations of the Republic of Turkey of March 23, 2012.
April 9, 2012	The Republic of Turkey files a rejoinder on Libananco Holdings Co. Limited's reply of March 29, 2012.
April 11, 2012	The ad hoc Committee holds a first session in Paris.
May 7, 2012	The ad hoc Committee issues a decision on provisional measures.
May 7, 2012	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
May 9, 2012	Libananco Holdings Co. Limited files a memorial on annulment.
July 23, 2012	The Republic of Turkey files a counter-memorial on annulment.
August 22, 2012	Libananco Holdings Co. Limited files a reply on annulment.
September 3, 2012	The Republic of Turkey files a request for the exclusion of evidence.
September 12, 2012	Libananco Holdings Co. Limited files observations on the Republic of Turkey's request for the exclusion of evidence.
September 17, 2012	The ad hoc Committee issues Procedural Order No. 1 concerning the exclusion of evidence.
September 21, 2012	The Republic of Turkey files a rejoinder on annulment.
December 11, 2012	The ad hoc Committee holds a pre-hearing organization meeting with the parties by telephone conference.
December 13, 2012	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing on annulment.
January 14, 2013 - January 15, 2013	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
February 22, 2013	The Republic of Turkey files a submission on costs.
February 25, 2013	Libananco Holdings Co. Limited files a submission on costs.
May 6, 2013	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
May 22, 2013	The ad hoc Committee issues its decision on annulment.