Case Details

Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan (ICSID Case No. ARB/11/2)

Subject of Dispute:

Oil exploration and production joint venture
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Türkiye - Kazakhstan 1992 - ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Türkiye Petrolleri Anonim Ortakligi (Turkish)
Respondent(s):

Republic of Kazakhstan (Kazakhstani)
Date Registered:

January 14, 2011
Date of Constitution of Tribunal:

September 27, 2011

Composition of Tribunal

President:

Donald M. MCRAE (Canadian, New Zealand) - Appointed by Co-Arbitrators
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Davut Iyras, Türkiye Petrolleri Anonim Ortakligi, Ankara, Turkey
Hughes Hubbard & Reed, New York, NY and Washington, D.C., U.S.A.
King & Spalding, Houston, TX, U.S.A.
Respondent(s):

Guglielmo Verdirame, London, U.K.
Reed Smith, London, U.K.
Toby Landau, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 18, 2014 - The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).

No References Available.

(a) Original Proceeding

Date	Development
January 14, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
May 21, 2011	Following appointment by the Claimant, Charles N. Brower (U.S.) accepts his appointment as arbitrator.
May 25, 2011	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
September 27, 2011	Following appointment by the co-arbitrators, Donald McRae (Canadian/New Zealand) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Donald M. McRae (Canadian and New Zealand), President, appointed by agreement of the co-arbitrators; Charles N. Brower (U.S.), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
December 12, 2011	The Tribunal holds a first session by video conference.
January 7, 2012	The Tribunal issues a procedural order concerning the procedural calendar and preliminary issues.
April 23, 2012	The Claimant files a memorial on jurisdiction and the merits.
June 15, 2012	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
June 29, 2012	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
July 13, 2012	The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
November 27, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
December 10, 2012	The Respondent files a counter-memorial on jurisdiction and the merits.
January 31, 2013	The parties file a joint request for the Tribunal to issue a procedural order embodying the parties' agreement on the protection of confidential evidence.
February 22, 2013	The Tribunal issues a procedural order embodying the parties' agreement on the protection of confidential evidence.
April 5, 2013	The Tribunal issues a procedural order concerning production of documents.
May 6, 2013	The Claimant files a reply on jurisdiction and the merits.
May 21, 2013	The parties file a joint request for the Tribunal to issue a procedural order embodying the parties' agreement on the protection of confidential documents.
June 4, 2013	The Tribunal issues a procedural order concerning the confidentiality of documents.
September 27, 2013	The Respondent files a rejoinder on jurisdiction and the merits.
October 4, 2013	The Claimant files a request for the Tribunal to decide on production of documents.
October 7, 2013	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 21, 2013	The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents.
October 21, 2013	The Tribunal issues a procedural order concerning the organization of the hearing.
October 31, 2013	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
November 3, 2013	The Respondent files observations on the Claimant's request of October 31, 2013.
November 6, 2013	The Tribunal issues a procedural order concerning the procedural calendar.
November 25, 2013	The Tribunal issues a procedural order concerning the suspension of the proceeding. The proceeding is suspended, pursuant to the parties' agreement.
April 1, 2014	The proceeding is resumed.
May 21, 2014	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
May 27, 2014	The Tribunal issues a procedural order concerning the organization of the hearing and the admissibility of new evidence.
June 23, 2014	The Tribunal issues a further procedural order concerning the admissibility of new evidence.
June 27, 2014	The parties file the full and signed settlement and request the Tribunal to embody their settlement in an award.
August 18, 2014	The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).