Case Details
KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8)
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Banking enterprise
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Finance
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BIT Netherlands - Kazakhstan 2002
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ICSID Convention - Arbitration Rules
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KT Asia Investment Group B.V. (Dutch)
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Republic of Kazakhstan (Kazakhstani)
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May 20, 2009
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March 18, 2010
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Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
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Ian GLICK (British) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s) -
Addleshaw Goddard, London, U.K.
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Ali Malek, London, U.K.
Christopher Harris, London, U.K.
ReedSmith, London, U.K. -
English
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Concluded
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October 17, 2013 - The Tribunal renders its award.
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Claimant(s)
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February 21, 2014 (Claimant(s))
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March 18, 2014
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Rodrigo OREAMUNO (Costa Rican)
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SCP Rebstock Penard Cerda & Associes, Aix-en-Provence, France
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ReedSmith, London, U.K.
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English
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Concluded
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November 20, 2014 - The ad hoc Committee issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
(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
Award of the Tribunal
Available on the ICSID Website
Award of the Tribunal (October 17, 2013) English (Original)
(a) Original Proceeding
Date | Development |
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May 20, 2009 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
July 28, 2009 | Following appointment by the Claimant, Ian Glick (British) accepts his appointment as arbitrator. |
October 19, 2009 | Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator. |
March 17, 2010 | Following appointment by the co-arbitrators, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator. |
March 18, 2010 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by her co-arbitrators; Ian Glick (British) appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent. |
May 7, 2010 | The Tribunal holds a first session in London. |
May 28, 2010 | Each party files a request for production of documents. |
June 18, 2010 | Each party files observations on the other parties' request for production of documents. |
July 15, 2010 | The Tribunal issues a procedural order concerning production of documents. |
August 24, 2010 | The Tribunal issues further directions concerning production of documents. |
December 13, 2010 | The Claimant files a memorial on the merits. |
January 10, 2011 | The Tribunal issues a procedural order concerning production of documents. |
February 1, 2011 | The Tribunal decides on production of documents. |
February 23, 2011 | The Tribunal decides on production of documents and on the procedural calendar. |
March 18, 2011 | The Respondent files a memorial on jurisdiction. |
April 13, 2011 | The Tribunal decides on the procedural calendar. |
May 17, 2011 | The Tribunal decides on production of documents. |
June 20, 2011 | The Claimant files a counter-memorial on jurisdiction. |
July 7, 2011 | The Tribunal issues a decision concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
September 12, 2011 | The Respondent files a reply on jurisdiction. |
December 12, 2011 | The Claimant files a rejoinder on jurisdiction. |
December 20, 2011 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
December 23, 2011 | The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing on jurisdiction. |
February 1, 2012 - February 3, 2012 | The Tribunal holds a hearing on jurisdiction in London. |
March 16, 2012 | The Respondent files a submission on costs. |
October 17, 2013 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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February 21, 2014 | The Secretary-General registers an application for annulment of the award filed by KT Asia Investment Group B.V. |
March 18, 2014 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Rodrigo Oreamuno (Costa Rican), President; Lawrence Boo (Singaporean); and Michael C. Pryles (Australian); all members appointed by the Chairman of the Administrative Council. |
May 19, 2014 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
May 19, 2014 | The Secretary General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
November 20, 2014 | The ad hoc Committee issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |
November 20, 2014 | The Acting Secretary-General moves that the ad hoc Committee discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). |