Case Details

Adem Dogan v. Turkmenistan (ICSID Case No. ARB/09/9)

Subject of Dispute:

Poultry farm
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT Germany - Turkmenistan 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Adem Dogan (German)
Respondent(s):

Turkmenistan (Turkmen)
Date Registered:

May 22, 2009
Date of Constitution of Tribunal:

December 8, 2009

Composition of Tribunal

President:

Jan PAULSSON (French, Swedish) - Appointed by the Parties
Arbitrators:

Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)
Markus WIRTH (Swiss) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Alexander Lorz, Düsseldorf, Germany
Gleiss Lutz Rechtsanwälte, Stuttgart, Germany
Respondent(s):

Curtis, Mallet-Prevost, Colt & Mosle, Paris, France; Istanbul, Turkey; and Mexico City, Mexico
Gürel Yörüker Law Firm, Istanbul, Turkey
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 12, 2014 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

August 28, 2014 (Respondent(s))
Date of Constitution of ad hoc Committee:

September 30, 2014

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

President:

Piero BERNARDINI (Italian)
Members:

Makhdoom Ali KHAN (Pakistani)
Jacomijn J. VAN HAERSOLTE-VAN HOF (Dutch)

Party Representatives

Claimant(s):

Alexander Lorz, Düsseldorf, Germany
Gleiss Lutz Rechtsanwälte, Stuttgart, Germany
Respondent(s):

Curtis, Mallet-Prevost, Colt & Mosle, Paris, France; Istanbul, Turkey; and Mexico City, Mexico
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 15, 2016 - The ad hoc Committee issues its decision on annulment.

No References Available.

(a) Original Proceeding

Date	Development
May 22, 2009	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 27, 2009	Following appointment by the Claimant, Marcus Wirth (Swiss) accepts his appointment as arbitrator.
August 14, 2009	Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator.
December 1, 2009	Following appointment by the parties, Jan Paulsson (French/Swedish) accepts his appointment as presiding arbitrator.
December 8, 2009	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jan Paulsson (French/Swedish), President, appointed by agreement of the parties; Marcus Wirth (Swiss), appointed by the Claimant; and Philippe Sands, (British/French), appointed by the Respondent.
March 29, 2010	The Tribunal holds a first session by telephone conference.
July 29, 2010	The Respondent files a memorial on jurisdiction.
November 29, 2010	The Claimant files a counter-memorial on jurisdiction.
March 4, 2011	The Tribunal issues a procedural order concerning procedural matters.
March 14, 2011	The Respondent files a reply on jurisdiction.
June 13, 2011	The Claimant files a rejoinder on jurisdiction.
July 5, 2011	The Respondent files a request for production of documents.
July 7, 2011	The Claimant files observations on the Respondent’s request for production of documents.
July 20, 2011	The Tribunal issues a procedural order concerning production of documents and the organization of the hearing.
July 28, 2011 - July 29, 2011	The Tribunal holds a hearing on jurisdiction in Paris.
September 30, 2011	Each party files a post-hearing brief.
October 7, 2011	The Respondent files a request for the exclusion of evidence.
October 17, 2011	The Claimant files observations on the Respondent's request of October 7, 2011.
November 7, 2011	The Tribunal decides on the Respondent's request of October 7, 2011.
February 29, 2012	The Tribunal issues a decision on jurisdiction.
June 26, 2012	The Claimant files a memorial on the merits and quantum.
November 2, 2012	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
November 14, 2012	The Respondent files a counter-memorial on the merits and quantum.
February 28, 2013	The Claimant files a reply on the merits and quantum.
April 3, 2013	The Claimant files a request for the Tribunal to order the Respondent to comply with Procedural Order No. 1.
April 8, 2013	The Respondent files observations on the Claimant's request of April 3, 2013 and a request for the Tribunal to issue an order concerning procedural matters.
April 17, 2013	The Claimant files a response to the Respondent's observations of April 8, 2013.
April 18, 2013	The Respondent files observations on the Claimant’s response of April 17, 2013.
April 26, 2013	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
May 23, 2013	The Respondent files a request for the Tribunal to order the Claimant to comply with Procedural Order No. 1.
May 28, 2013	The Respondent files a rejoinder on the merits and quantum.
May 31, 2013	The Claimant files observations on the Respondent's request of May 23, 2013. The Respondent files a response to the Claimant’s observations of May 31, 2013.
June 6, 2013	The Claimant files observations on the Respondent’s response of May 31, 2013.
June 19, 2013	The Tribunal decides on the Respondent's request of May 23, 2013.
July 22, 2013 - July 26, 2013	The Tribunal holds a hearing on merits and quantum in Paris.
November 15, 2013	Each party files a post-hearing brief.
November 29, 2013	Each party files a submission on costs.
December 6, 2013	The Claimant files observations on the Respondent’s submission on costs.
December 17, 2013	The Respondent files observations on the Claimant's submission on costs.
May 14, 2014	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 12, 2014	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
August 28, 2014	The Secretary-General registers an application for annulment of the award filed by Turkmenistan, and notifies the parties of the provisional stay of enforcement of the award.
September 30, 2014	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Piero Bernardini (Italian), President; Makhdoom Ali Khan (Pakistani); and Jacomijn van Haersolte-van Hof (Dutch); all members appointed by the Chairman of the Administrative Council.
October 15, 2014	Turkmenistan files a request to continue the stay of enforcement of the award.
October 24, 2014	Adem Dogan files observations on Turkmenistan’s request to continue the stay of enforcement of the award.
November 4, 2014	Turkmenistan files a response to Adem Dogan’s observations of October 24, 2014.
November 7, 2014	The ad hoc Committee holds a first session by telephone conference. The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
November 11, 2014	Adem Dogan files a reply to Turkmenistan’s observations of November 4, 2014.
November 24, 2014	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
January 21, 2015	Turkmenistan files a memorial on annulment.
April 2, 2015	Adem Dogan files a counter-memorial on annulment.
May 12, 2015	Turkmenistan files a reply on annulment.
June 19, 2015	Adem Dogan files a rejoinder on annulment.
July 21, 2015	The ad hoc Committee holds a hearing on annulment in Paris.
July 22, 2015	The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
September 21, 2015	Each party files a submission on costs.
December 17, 2015	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
January 15, 2016	The ad hoc Committee issues its decision on annulment.