Case Details
Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)
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Electricity concession
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Electric Power & Other Energy
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BIT Netherlands - Türkiye 1986 - ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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Alapli Elektrik B.V. (Dutch)
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Republic of Turkey (Turkish)
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August 27, 2008
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March 2, 2009
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William W. PARK (Swiss, U.S.) - Appointed by the Chairman of the Administrative Council
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Marc LALONDE (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Latham & Watkins, London, U.K. and Hamburg, Germany
Volterra Fietta, London, U.K. -
Sidley Austin, Washington, D.C., U.S.A.
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English
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Concluded
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July 16, 2012 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Marc Lalonde.
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Claimant(s)
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November 16, 2012 (Claimant(s))
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December 12, 2012
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Bernard HANOTIAU (Belgian)
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Volterra Fietta, London, U.K.
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Sidley Austin, Washington, D.C., U.S.A.
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English
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Concluded
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July 10, 2014 - The ad hoc Committee issues its decision on the application for annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(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 |
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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 |
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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. |