Case Details

Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12)

Proceeding Materials Procedural Details

  • Oil exploration and production contract
  • Oil, Gas & Mining
  • BIT United States of America - Kazakhstan 1992
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Caratube International Oil Company LLP (Kazakhstani)
    • Republic of Kazakhstan (Kazakhstani)
    • August 26, 2008
    • February 23, 2009

      Composition of Tribunal

    • Karl-Heinz BÖCKSTIEGEL (German) - Appointed by the Chairman of the Administrative Council
    • Gavan GRIFFITH (Australian) - Appointed by the Claimant(s)
      Kamal HOSSAIN (Bangladeshi) - Appointed by the Respondent(s)

      Party Representatives

    • Crowell & Moring, Washington, D.C., U.S.A.
    • Curtis, Mallet-Prevost, Colt & Mosle, Paris, France and Mexico City, Mexico
    • English
    • Concluded
    • June 5, 2012 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Claimant(s)
    • October 5, 2012 (Claimant(s))
    • November 12, 2012

      Party Representatives

    • Derains & Gharavi, Paris, France
    • Curtis, Mallet-Prevost, Colt & Mosle, Paris, France, Mexico City, Mexico, and Almaty, Kazakhstan
    • English
    • Concluded
    • February 21, 2014 - The ad hoc Committee issues its decision on annulment.

(a) Annulment Proceeding

Published Decisions

Decision on the Application for Annulment

Available on the ICSID Website

Decision on the Application for Annulment (February 21, 2014) English (Original)

(a) Original Proceeding

Date Development
August 26, 2008 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
February 23, 2009 The Tribunal is constituted. Its members are: Karl-Heinz Böckstiegel (German), President; Gavan Griffith (Australian); and Kamal Hossain (Bangladeshi).
April 14, 2009 The Claimant files a request for provisional measures.
April 16, 2009 The Tribunal holds a first session in Frankfurt.
April 29, 2009 The Claimant files an amended request for provisional measures.
May 14, 2009 The Claimant files a memorial on the merits.
June 15, 2009 The Respondent files observations on the Claimant’s amended request on provisional measures.
June 18, 2009 The Tribunal issues a procedural order concerning the hearing on provisional measures.
June 30, 2009 The Tribunal holds a hearing on provisional measures in London.
July 31, 2009 The Tribunal issues a decision on provisional measures.
September 2, 2009 The Respondent files a request for production of documents.
October 16, 2009 The Claimant files observations on the Respondent's request for production of documents.
November 30, 2009 The Respondent files a response to the Claimant's observations of October 16, 2009.
December 22, 2009 The Respondent files a counter-memorial on jurisdiction and the merits.
February 26, 2010 The parties file requests for production of documents.
March 8, 2010 Each party files observations on the other party’s request for production of documents.
March 15, 2010 Each party files a response to the other party’s observations of March 8, 2010.
May 3, 2010 The Tribunal issues a procedural order concerning production of documents.
May 26, 2010 The Tribunal issues a procedural order concerning the procedural calendar and production of documents.
July 30, 2010 The Claimant files a reply on jurisdiction and the merits.
The Claimant files a request for an order of immunity of a witness.
September 13, 2010 The Claimant reiterates its request of July 30, 2010.
September 22, 2010 The Respondent files observations on the Claimant's request for an order of immunity of a witness.
September 23, 2010 The Claimant files a response to the Respondent's observations of September 22, 2010.
October 1, 2010 The Respondent files a written communication on questions of immunity.
October 14, 2010 The Claimant files a written communication on questions of immunity.
October 15, 2010 The Respondent files a further written communication on questions of immunity.
October 19, 2010 The Tribunal issues a procedural order concerning questions of immunity.
November 10, 2010 The Claimant files a request for examination of witnesses.
November 23, 2010 The Respondent files observations on the Claimant’s request of November 10, 2010.
December 16, 2010 The Respondent files a rejoinder on jurisdiction and the merits.
December 29, 2010 The Tribunal issues a procedural order concerning the procedural calendar.
The Tribunal issues a further procedural order concerning examination of witnesses and questions of immunity.
February 7, 2011 - February 18, 2011 The Tribunal holds a hearing on jurisdiction and merits in Paris.
February 22, 2011 The Tribunal issues a procedural order concerning the procedural calendar.
April 4, 2011 The parties file applications to submit further evidence.
April 12, 2011 The Tribunal issues a procedural order concerning further evidence.
June 1, 2011 A non-disputing party applies to file a written submission pursuant to ICSID Arbitration Rule 37(2).
June 10, 2011 The parties file observations on the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
June 22, 2011 The Tribunal decides on the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
June 27, 2011 The parties file post-hearing briefs.
August 2, 2011 The Tribunal issues a procedural order concerning the parties’ applications to submit further documents.
August 10, 2011 The parties file reply post-hearing briefs.
November 7, 2011 The parties simultaneously find their submissions on costs.
November 18, 2011 The parties submit observations on each other's submission on costs.
May 9, 2012 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 5, 2012 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
October 5, 2012 The Secretary-General registers an application for annulment of the award filed by Caratube International Oil Company LLP, and notifies the parties of the provisional stay of enforcement of the award.
November 12, 2012 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President; Cecil W. M. Abraham (Malaysian), and Hans Danelius (Swedish); all members appointed by the Chairman of the Administrative Council.
December 10, 2012 Caratube International Oil Company LLP files a request to continue the stay of enforcement of the award.
January 10, 2013 The Republic of Kazakhstan files observations on Caratube International Oil Company LLP’s request to continue the stay of enforcement of the award.
January 11, 2013 The ad hoc Committee holds a first session by telephone conference.
January 17, 2013 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
January 21, 2013 Caratube International Oil Company LLP files a response to the Republic of Kazakhstan’s observations of January 10, 2013.
January 25, 2013 Caratube International Oil Company LLP files a memorial on annulment.
January 31, 2013 The Republic of Kazakhstan files further observations on the request to continue the stay of enforcement of the award.
March 14, 2013 The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
May 10, 2013 The Republic of Kazakhstan files a counter-memorial on annulment.
June 28, 2013 Caratube International Oil Company LLP files a reply on annulment.
August 23, 2013 The Republic of Kazakhstan files a rejoinder on annulment.
September 12, 2013 The ad hoc Committee holds a hearing on annulment in Paris.
October 15, 2013 Each party files a statement of costs.
December 23, 2013 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
February 21, 2014 The ad hoc Committee issues its decision on annulment.