Case Details

Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v. Georgia (ICSID Case No. ARB/08/19)

Subject of Dispute:

Highway construction project
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Türkiye - Georgia 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company (Turkish)
Respondent(s):

Georgia (Georgian)
Date Registered:

December 31, 2008
Date of Constitution of Tribunal:

June 11, 2009

Composition of Tribunal

President:

Marc LALONDE (Canadian) - Appointed by the Parties
Arbitrators:

Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Eric SCHWARTZ (French, U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Akinci Law Office, Istanbul, Turkey
Latham & Watkins, London, U.K. and Hamburg, Germany
Volterra Fietta, London, U.K.
Respondent(s):

White & Case, Paris, France and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 9, 2012 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

December 17, 2012 (Respondent(s))

Party Representatives

Claimant(s):

Akinci Law Office, Istanbul, Turkey
Volterra Fietta, London, U.K.
Respondent(s):

White & Case, Paris, France and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 10, 2013 - The Secretary-General issues a procedural order taking note of the discontinuance of the annulment proceeding pursuant to ICSID Arbitration Rule 44.

No References Available.

(a) Original Proceeding

Date	Development
December 31, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 11, 2009	The Tribunal is constituted. Its members are: Marc Lalonde (Canadian), President; Francisco Orrego Vicuña (Chilean); and Eric Schwartz (U.S.).
September 18, 2009	The Tribunal holds a first session in Geneva.
October 20, 2009	The Tribunal issues a procedural order on confidentiality.
December 15, 2009	The Claimants file a memorial on the merits.
January 8, 2010	The Claimants file a request for provisional measures.
January 25, 2010	The Tribunal issues a decision on provisional measures.
March 17, 2010	The Tribunal issues a procedural order concerning production of documents.
March 30, 2010	The Tribunal issues a procedural order concerning production of documents.
April 30, 2010	The Respondent files its counter-memorial on the merits.
June 29, 2010	The Respondent files a response to the Claimant's reply of July 27, 2010.
July 14, 2010	The Claimant files a request to add a new Claimant to the proceeding.
July 26, 2010	The Respondent files observations on the Claimant's request of July 14, 2010.
July 27, 2010	The Claimant files a reply to the Respondent's observations of July 26, 2010.
July 29, 2010	The Respondent files a response to the Claimant's reply of July 27, 2010.
August 10, 2010	The Tribunal issues a decision on the Claimant's request of July 14, 2010.
August 31, 2010	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
November 30, 2010	The Respondent files a rejoinder on the merits and reply on jurisdiction.
December 6, 2010 - January 13, 2011	The parties exchange filings about the production of witnesses.
January 19, 2011	The Tribunal issues a procedural order concerning the production of witnesses.
January 23, 2011 - February 8, 2011	The parties exchange filings about various procedural issues.
January 31, 2011	The Claimant files a rejoinder on jurisdiction.
February 3, 2011	The Tribunal issues a procedural order concerning various procedural matters.
March 3, 2011	Following an exchange of filings by the parties, the Tribunal issues a further procedural order concerning the production of witnesses.
March 14, 2011	The Claimant files a request for production of documents.
March 17, 2011	The Respondent files observations on the Claimant’s request for production of documents.
March 18, 2011	The Tribunal issues a procedural order concerning production of documents and witnesses.
March 21, 2011	Following an exchange of filings by the parties, the Tribunal issues a further procedural order concerning the production of witnesses.
March 27, 2011	Following an exchange of filings by the parties, the Tribunal issues a further procedural order concerning the production of witnesses.
March 29, 2011	Following an exchange of filings by the parties, the Tribunal issues a further procedural order concerning the production of witnesses.
March 30, 2011	Following an exchange of filings by the parties, the Tribunal issues a further procedural order concerning the production of witnesses.
March 31, 2011	Following an exchange of filings by the parties, the Tribunal issues a further procedural order concerning the production of witnesses.
April 3, 2011 - April 9, 2011	The Tribunal holds a hearing on jurisdiction and merits in Paris.
April 13, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
June 13, 2011	The parties file post-hearing briefs.
July 13, 2011	The parties file submissions on costs.
August 9, 2012	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
December 17, 2012	The Secretary-General registers an application for partial annulment of the award filed by Georgia, and notifies the parties of the provisional stay of enforcement of the award.
January 10, 2013	The Secretary-General issues a procedural order taking note of the discontinuance of the annulment proceeding pursuant to ICSID Arbitration Rule 44.