Case Details

ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2)

Subject of Dispute:

Waterway construction project
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Türkiye - Jordan 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

ATA Construction, Industrial and Trading Company (Turkish)
Respondent(s):

Hashemite Kingdom of Jordan (Jordanian)
Date Registered:

February 28, 2008
Date of Constitution of Tribunal:

June 12, 2008

Composition of Tribunal

President:

L. Yves FORTIER (Canadian) - Appointed by the Parties
Arbitrators:

Ahmed Sadek EL-KOSHERI (Egyptian) - Appointed by the Claimant(s)
W. Michael REISMAN (U.S.) - Appointed by the Respondent(s)

Party Representatives

Respondent(s):
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 18, 2010 - The Tribunal renders its award.

(b) Interpretation Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 16, 2010 (Respondent(s))

Party Representatives

Respondent(s):
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 7, 2011 - The Tribunal issues a decision on interpretation and on the request for provisional measures.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

September 27, 2010 (Respondent(s))
Date of Constitution of ad hoc Committee:

December 8, 2010

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

President:

Gilbert GUILLAUME (French)
Members:

Juan FERNÁNDEZ-ARMESTO (Spanish)
Bernard HANOTIAU (Belgian)

Party Representatives

Claimant(s):

Latham & Watkins, London, U.K.
Nurhan Motugan, Istanbul, Turkey
Respondent(s):

Covington & Burling, Washington, D.C., U.S.A.
Rabie Hamzeh, Amman, Jordan
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 11, 2011 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (May 18, 2010) English (Original)

(b) Interpretation Proceeding

Published Decisions

Decision on Interpretation and on the Request for Provisional Measures

Available on the ICSID Website

Decision on Interpretation and on the Request for Provisional Measures (March 7, 2011) English (Original)

(c) Annulment Proceeding

Published Decisions

Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Order Taking Note of the Discontinuance of the Proceeding (July 11, 2011) English (Original)

(a) Original Proceeding

Date	Development
February 28, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 12, 2008	The Tribunal is constituted. Its members are: L. Yves Fortier (Canadian), President; Ahmed S. El-Kosheri (Egyptian); and W. Michael Reisman (U.S.).
July 29, 2008	The Tribunal holds a first session in London.
October 24, 2008	The Claimant files a memorial on the merits.
February 13, 2009	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
April 10, 2009	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
June 5, 2009	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
July 3, 2009	The Claimant files a rejoinder on jurisdiction.
August 20, 2009	The Tribunal holds a pre-hearing conference with the parties by telephone.
October 5, 2009 - October 9, 2009	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
December 3, 2009	The parties file post-hearing briefs.
February 5, 2010	The parties file submissions on costs.
February 26, 2010	The parties file reply submission on costs.
May 18, 2010	The Tribunal renders its award.

(b) Interpretation Proceeding

Date	Development
July 16, 2010	The Secretary-General registers an application for interpretation of the award of March 18, 2010, and on the same day notifies the parties of the registration.
July 22, 2010	The Tribunal is reconstituted. Its members are: L. Yves Fortier (Canadian), President; Ahmed Sadek El-Kosheri (Egyptian); and W. Michael Reisman (U.S.).
September 15, 2010	The Hashemite Kingdom of Jordan files a memorial on the application for interpretation of the award.
September 21, 2010	ATA Construction, Industrial and Trading Company files a request for provisional measures.
September 28, 2010	The Hashemite Kingdom of Jordan files observations on ATA Construction, Industrial and Trading Company’s request for provisional measures.
September 29, 2010	ATA Construction, Industrial and Trading Company files a response on the Hashemite Kingdom of Jordan's observations of September 28, 2010.
October 14, 2010	The Tribunal issues a procedural order concerning provisional measures.
November 1, 2010	ATA Construction, Industrial and Trading Company files a counter-memorial on the application for interpretation of the award.
November 17, 2010	The Hashemite Kingdom of Jordan files a reply on the application for interpretation of the award.
December 3, 2010	ATA Construction, Industrial and Trading Company files a rejoinder on the application for interpretation of the award.
December 10, 2010	The Tribunal holds a pre-hearing conference with the parties by telephone.
December 21, 2010	The Tribunal holds a hearing on Interpretation in Washington, D.C.
February 11, 2011	The Tribunal declares the proceeding closed.
March 7, 2011	The Tribunal issues a decision on interpretation and on the request for provisional measures.

(c) Annulment Proceeding

Date	Development
September 27, 2010	The Secretary-General registers an application for the institution of annulment proceedings.
December 8, 2010	The ad hoc Committee is constituted. Its members are: Gilbert Guillaume (French), President; Juan Fernández-Armesto (Spanish); and Bernard Hanotiau (Belgian).
February 7, 2011	The ad hoc Committee holds a first session by telephone conference.
February 17, 2011	The ad hoc Committee issues a procedural order concerning procedural calendar.
April 13, 2011	The Hashemite Kingdom of Jordan requests the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
May 4, 2011	ATA Construction, Industrial and Trading Company files observations on the Hashemite Kingdom of Jordan's request for the discontinuance of the proceeding.
May 18, 2011	The Hashemite Kingdom of Jordan files observations on ATA Construction, Industrial and Trading Company's observations of May 4, 2011.
May 25, 2011	ATA Construction, Industrial and Trading Company files further observations on the Hashemite Kingdom of Jordan's request for the discontinuance of the proceeding.
July 11, 2011	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.