Case Details

Saba Fakes v. Republic of Turkey (ICSID Case No. ARB/07/20)

Subject of Dispute:

Mobile telecommunications services
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Netherlands - Türkiye 1986
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Saba Fakes (Dutch)
Respondent(s):

Republic of Turkey (Turkish)
Date Registered:

August 13, 2007
Date of Constitution of Tribunal:

March 4, 2008

Composition of Tribunal

President:

Emmanuel GAILLARD (French) - Appointed by the Parties
Arbitrators:

Hans VAN HOUTTE (Belgian) - Appointed by the Claimant(s)
Laurent LÉVY (Brazilian, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Houthoff Buruma, Rotterdam, Netherlands
Respondent(s):

Derains & Gharavi, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 14, 2010 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
August 13, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
March 4, 2008	The Tribunal is constituted. Its members are: Emmanuel Gaillard (French), President; Hans van Houtte (Belgian); and Laurent Lévy (Swiss/Brazilian).
March 14, 2008	The Claimant files a proposal for the disqualification of an arbitrator; the proceeding is suspended.
March 21, 2008	The Respondent files observations on the proposal for disqualification.
April 26, 2008	The proposal for the disqualification of an arbitrator is declined; the proceeding is resumed.
June 20, 2008	The Claimant files a request for provisional measures.
June 24, 2008	The Respondent files objections to jurisdiction, accompanied by a request for the Tribunal to deal with objections to jurisdiction as a preliminary question. The Respondent also files a request for provisional measures and a request for production of documents.
June 26, 2008	The Tribunal holds a first session in Paris.
July 18, 2008	Each party files observations on the other party’s request for provisional measures.
August 29, 2008	The Claimant files a response to the Respondent’s request to deal with the objections to jurisdiction as a preliminary matter, and to the Respondent’s request for production of documents. Each party files further observations on the other party's request for provisional measures.
September 10, 2008	The Respondent files additional observations on its request to deal with the objections to jurisdiction as a preliminary matter and on its request for production of documents. The Respondent files comments on the Claimant’s request for provisional measures.
September 12, 2008	The Claimant files additional observations on the Respondent's request to deal with the objections to jurisdiction as a preliminary matter and on the Respondent's request for production of documents. The Claimant files further observations on the parties' respective requests for provisional measures.
October 6, 2008	The Tribunal issues a decision on preliminary issues; as a result the proceeding on the merits is suspended.
January 31, 2009	The Claimant files a memorial on the Respondent's objections to jurisdiction.
April 30, 2009	The Respondent files a response on jurisdiction.
June 30, 2009	The Claimant files a reply to the Respondent’s response on jurisdiction.
August 31, 2009	The Respondent files a rejoinder on jurisdiction.
September 8, 2009	The Tribunal holds a pre-hearing conference with the parties by telephone.
October 5, 2009 - October 6, 2009	The Tribunal holds a hearing on jurisdiction in Paris.
November 18, 2009	The parties file post-hearing briefs.
December 2, 2009	The parties file submissions on costs.
July 14, 2010	The Tribunal renders its award.