Case Details

İçkale İnşaat Limited Şirketi v. Turkmenistan (ICSID Case No. ARB/10/24)

Proceeding Materials Procedural Details

  • Design and construction contracts
  • Construction
  • BIT Turkmenistan - Türkiye 1992
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • İçkale İnşaat Limited Şirketi (Turkish)
    • Turkmenistan (Turkmen)
    • December 20, 2010
    • May 11, 2011

      Composition of Tribunal

    • Veijo HEISKANEN (Finnish) - Appointed by the Chairman of the Administrative Council
    • Carolyn B. LAMM (U.S.) - Appointed by the Claimant(s)
      Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

      Party Representatives

    • Gregor Grubhofer, Vienna, Austria
      Sakmar Law Office, Istanbul, Turkey
      William Kirtley, Paris, France
    • Curtis, Mallet-Prevost, Colt & Mosle, Washington, D.C. and New York, NY, U.S.A., Istanbul, Turkey, and Mexico City, Mexico
    • English
    • Concluded
    • March 8, 2016 - The Tribunal renders its award; attached to the award are two partially dissenting opinions by arbitrator Carolyn B. Lamm and Philippe Sands.

    (b) Supplementary Decision and Rectification Proceeding

    • Claimant(s)
    • April 6, 2016 (Claimant(s))

      Party Representatives

    • Gregor Grubhofer, Vienna, Austria
      Sakmar Law Office, Istanbul, Turkey
      William Kirtley, Paris, France
    • Curtis, Mallet-Prevost, Colt & Mosle, Washington, D.C. and New York, NY, U.S.A., Istanbul, Turkey, and Mexico City, Mexico
    • English
    • Concluded
    • October 4, 2016 - The Tribunal issues its decision on the request for supplementary decision and the rectification of the award.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (March 8, 2016) English (Original)

(b) Supplementary Decision and Rectification Proceeding

Published Decisions

Decision on Claimant's Request for Supplementary Decision and Rectification of the Award

Available on the ICSID Website

Decision on Claimant's Request for Supplementary Decision and Rectification of the Award (October 4, 2016) English (Original)

(a) Original Proceeding

Date Development
December 20, 2010 The Secretary-General registers a request for the institution of arbitration proceedings.
March 10, 2011 Following appointment by the Claimant, Carolyn B. Lamm (U.S.) accepts her appointment as arbitrator.
March 22, 2011 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.
March 25, 2011 Following appointment by the Respondent, Fali S. Nariman (Indian) accepts his appointment as arbitrator.
May 11, 2011 Following appointment by the Chairman of the Administrative Council, Veijo Heiskanen (Finnish) accepts his appointment as presiding arbitrator.
May 11, 2011 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Veijo Heiskanen (Finnish), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Carolyn B. Lamm (U.S.), appointed by the Claimant; and Fali S. Nariman (Indian), appointed by the Respondent.
July 22, 2011 The Tribunal holds a first session in Paris.
August 5, 2011 The Respondent files a request to address the objections to jurisdiction as a preliminary question.
August 19, 2011 The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
September 9, 2011 The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
March 1, 2012 The Claimant files a memorial on jurisdiction and the merits.
May 16, 2012 The Respondent files a request for the suspension of the current procedural calendar and consideration of a preliminary issue.
May 25, 2012 The Claimant files observations on the Respondent’s request of May 16, 2012.
June 28, 2012 The Tribunal issues a procedural order concerning the Respondent's request of May 16, 2012.
November 2, 2012 The Respondent files objections to jurisdiction and a counter-memorial on the merits.
January 23, 2013 Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
February 7, 2013 The Tribunal issues a procedural order concerning production of documents.
April 22, 2013 The Claimant files a counter-memorial on jurisdiction and a reply on the merits.
July 15, 2013 The Respondent files a reply on jurisdiction.
July 29, 2013 The Respondent files a rejoinder on the merits.
August 19, 2013 The Claimant files a rejoinder on jurisdiction.
August 26, 2013 The Tribunal issues a procedural order concerning the procedural calendar and the organization of the hearing.
April 2, 2014 Following the resignation of arbitrator Fali S. Nariman, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
The Tribunal consents to the resignation of arbitrator Fali S. Nariman pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
May 12, 2014 Following the resignation of arbitrator Fali S. Nariman, Philippe Sands (British/French) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).

The Tribunal is reconstituted. Its members are: Veijo Heiskanen (Finnish), President, appointed by the Chairman of the Administrative Council; Carolyn B. Lamm (U.S.), appointed by the Claimant; and Philippe Sands (British/French) appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
May 16, 2014 The Claimant files a proposal for disqualification of arbitrator Philippe Sands. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
June 2, 2014 The Respondent files observations on the proposal for disqualification.
June 4, 2014 The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
June 11, 2014 Each party files further observations on the proposal for disqualification.
July 11, 2014 The proposal for disqualification of arbitrator Philippe Sands is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
January 21, 2015 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
March 9, 2015 - March 20, 2015 The Tribunal holds a hearing on jurisdiction and the merits in Paris.
June 5, 2015 Each party files a post-hearing brief.
June 26, 2015 Each party files a statement of costs.
July 22, 2015 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 27, 2015 The Claimant files observations on the Respondent’s request of July 22, 2015.
January 4, 2016 The Tribunal decides on the Respondent’s request of July 22, 2015.

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 8, 2016 The Tribunal renders its award; attached to the award are two partially dissenting opinions by arbitrator Carolyn B. Lamm and Philippe Sands.

(b) Supplementary Decision and Rectification Proceeding

Date Development
April 6, 2016 The Acting Secretary-General registers a request for supplementary decision and rectification of the award filed by İçkale İnşaat Limited Şirketi.
May 12, 2016 The Respondent files observations on the request for supplementary decision and rectification.
May 31, 2016 The Claimant files a reply to the Respondent’s observations of May 12, 2016.
June 14, 2016 The Respondent files a rejoinder to the Claimant’s reply of May 31, 2016.
October 4, 2016 The Tribunal issues its decision on the request for supplementary decision and the rectification of the award.