Case Details

Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)

Subject of Dispute:

Electricity concession
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Netherlands - Türkiye 1986 - ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Alapli Elektrik B.V. (Dutch)
Respondent(s):

Republic of Turkey (Turkish)
Date Registered:

August 27, 2008
Date of Constitution of Tribunal:

March 2, 2009

Composition of Tribunal

President:

William W. PARK (Swiss, U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Marc LALONDE (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Latham & Watkins, London, U.K. and Hamburg, Germany
Volterra Fietta, London, U.K.
Respondent(s):

Sidley Austin, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 16, 2012 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Marc Lalonde.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 16, 2012 (Claimant(s))
Date of Constitution of ad hoc Committee:

December 12, 2012

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

President:

Bernard HANOTIAU (Belgian)
Members:

Karl-Heinz BÖCKSTIEGEL (German)
Makhdoom Ali KHAN (Pakistani)

Party Representatives

Claimant(s):

Volterra Fietta, London, U.K.
Respondent(s):

Sidley Austin, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 10, 2014 - The ad hoc Committee issues its decision on the application for annulment.

(a) Original Proceeding

Published Decisions

Excerpts of Award

Available on the ICSID Website

Excerpts of Award (July 12, 2012) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Application for Annulment - English (Original) (July 10, 2014)

(a) Original Proceeding

Date	Development
August 27, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
November 6, 2008	Following appointment by the Claimant, Marc Lalonde (Canadian) accepts his appointment as arbitrator.
December 5, 2008	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
January 5, 2009	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.
February 28, 2009	Following appointment by the Chairman of the Administrative Council, William W. Park (U.S./Swiss) accepts his appointment as presiding arbitrator.
March 2, 2009	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: William W. Park (U.S./Swiss), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Marc Lalonde (Canadian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
May 18, 2009	The Tribunal holds a first session in Paris.
September 26, 2009	The Claimant files a memorial on the merits.
October 2, 2009	The Respondent files a request for production of documents.
October 9, 2009	The Claimant files observations on the Respondent’s request for production of documents.
October 12, 2009	The Respondent files a response to the Claimant’s observations of October 9, 2009.
October 16, 2009	The Claimant files further observations on the Respondent’s request of October 2, 2009.
October 21, 2009	The Tribunal issues a procedural order concerning production of documents.
January 12, 2010	The Repondent files a further request for production of documents.
January 19, 2010	The Claimant files observations on the Respondent's request for production of documents. The Respondent files a response to the Claimant's observations.
January 20, 2010	The Claimant files further observation on the Respondent's request of January 12, 2010.
January 21, 2010	The Tribunal issues a procedural order concerning production of documents.
March 15, 2010	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
March 15, 2010	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
April 25, 2010	The Tribunal issues a procedural order on bifurcation.
May 19, 2010	The Tribunal issues a procedural order concerning the procedural calendar.
May 28, 2010	The Claimant files a request for production of documents.
June 8, 2010	The Respondent files observations on the Claimant's request for production of documents.
July 1, 2010	The Tribunal issues a procedural order concerning production of documents.
July 23, 2010	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
September 8, 2010	The Respondent files a request for production of documents.
September 24, 2010	The Claimant files observations on the Respondent’s request for production of documents.
October 6, 2010	The Tribunal issues a procedural order concerning production of documents.
October 29, 2010	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
November 19, 2010	The Claimant files a request for production of documents.
November 19, 2010	The Respondent files its observations on the request.
November 26, 2010	The Tribunal issues a procedural order concerning production of documents.
December 13, 2010	The Claimant files a rejoinder on jurisdiction.
January 6, 2011	The Tribunal holds a pre-hearing conference with the parties by telephone.
January 31, 2011 - February 10, 2011	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
April 20, 2011	The parties file post-hearing briefs.
June 6, 2011	The parties file statements of costs.
August 8, 2011	The Tribunal poses questions to the parties.
August 26, 2011	The parties file answers to questions posed by the Tribunal after the hearing.
September 2, 2011	The Claimant files a request to submit new evidence.
September 12, 2011	The Respondent files observations on the Claimant's request to submit new evidence.
September 16, 2011	The Tribunal issues a decision on the Claimant’s request to submit new evidence.
June 5, 2012	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 16, 2012	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Marc Lalonde.

(b) Annulment Proceeding

Date	Development
November 16, 2012	The Secretary-General registers an application for annulment of the award, filed by Alapli Elektrik B.V.
December 12, 2012	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Bernard HANOTIAU (Belgian), President; Karl-Heinz BÖCKSTIEGEL (German) and Makhdoom Ali KHAN (Pakistani); all members appointed by the Chairman of the Administrative Council.
February 15, 2013	The ad hoc Committee holds a first session by telephone conference.
February 28, 2013	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
March 25, 2013	Alapli Elektrik B.V. files a memorial on annulment.
June 10, 2013	The Republic of Turkey files a counter-memorial on annulment.
July 29, 2013	Alapli Elektrik B.V. files a reply on annulment.
September 23, 2013	The Republic of Turkey files a rejoinder on annulment.
December 17, 2013 - December 18, 2013	The ad hoc Committee holds a hearing on annulment in Paris.
February 7, 2014	Each party files a statement of costs.
May 5, 2014	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
July 10, 2014	The ad hoc Committee issues its decision on the application for annulment.