Case Details

Tulip Real Estate and Development Netherlands B.V. v. Republic of Turkey (ICSID Case No. ARB/11/28)

Subject of Dispute:

Residential and commercial construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Netherlands - Türkiye 1986
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Tulip Real Estate and Development Netherlands B.V. (Dutch)
Respondent(s):

Republic of Turkey (Turkish)
Date Registered:

October 28, 2011
Date of Constitution of Tribunal:

March 28, 2012

Composition of Tribunal

President:

Gavan GRIFFITH (Australian) - Appointed by the Parties
Arbitrators:

Michael Evan JAFFE (U.S.) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C. and New York, NY, U.S.A.
Respondent(s):

Kuseyri Hukuk Burosu, Ankara, Turkey
LALIVE, Geneva, Switzerland
Nixon Peabody, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 10, 2014 - The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Michael Evan Jaffe.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 14, 2014 (Claimant(s))
Date of Constitution of ad hoc Committee:

August 26, 2014

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

President:

Peter TOMKA (Slovak)
Members:

Cherie BLAIR (British)
Christoph H. SCHREUER (Austrian)

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C. and New York, NY, U.S.A.
Rudolf Dolzer, Heidelberg, Germany
Respondent(s):

LALIVE, Geneva, Switzerland
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 30, 2015 - The ad hoc Committee issues its decision on annulment.

No References Available.

(a) Original Proceeding

Date	Development
October 28, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
January 6, 2012	Following appointment by the Claimant, Michael Evan Jaffe (U.S.) accepts his appointment as arbitrator.
January 30, 2012	Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator.
March 26, 2012	Following appointment by the parties, Gavan Griffith (Australian) accepts his appointment as presiding arbitrator.
March 28, 2012	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Gavan Griffith (Australian), President, appointed by agreement of the parties; Michael Evan Jaffe (U.S.), appointed by the Claimant; and Rolf Knieper (German), appointed by the Respondent.
April 30, 2012	The Tribunal holds a first session by video conference.
May 22, 2012	The Tribunal issues Procedural Order No. 1 concerning procedural matters
August 15, 2012	The Claimant files a memorial on jurisdiction and merits.
October 12, 2012	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
October 26, 2012	The Claimant files a observations on the request to address the objections to jurisdiction as a preliminary question.
November 2, 2012	The Tribunal issues a decision on the Respondent's request to address the objections to jurisdiction as a preliminary question.
November 21, 2012	As directed by the Tribunal, the Claimant files a memorial on a selected jurisdictional issue.
December 14, 2012	As directed by the Tribunal, the Respondent files a counter-memorial on a selected jurisdictional issue.
December 27, 2012	As directed by the Tribunal, the Claimant files a reply on a selected jurisdictional issue.
January 28, 2013	The Tribunal holds a hearing on a selected jurisdictional issue in Paris.
February 15, 2013	The Respondent files a counter-memorial on jurisdiction, merits and damages.
February 25, 2013	Following written exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
March 1, 2013	The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents.
March 5, 2013	The Tribunal issues a decision on a selected jurisdictional issue.
March 6, 2013	The Tribunal issues a decision on production of documents.
April 15, 2013	The Claimant files a reply on jurisdiction, merits and damages.
April 25, 2013	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
May 3, 2013	The Tribunal issues a decision on production of documents.
June 15, 2013	The Respondent files a rejoinder on jurisdiction, merits and damages.
July 16, 2013	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 19, 2013	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing on jurisdiction, merits and damages.
August 2, 2013	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing on jurisdiction, merits and damages.
September 8, 2013	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing on jurisdiction, merits and damages.
September 18, 2013	The Tribunal issues Procedural Order No. 5 concerning the admissibility of new evidence.
September 23, 2013 - October 2, 2013	The Tribunal holds a hearing on jurisdiction, merits and damages in Paris.
November 16, 2013	The Claimant files a submission on costs.
November 18, 2013	The Respondent files a submission on costs.
December 9, 2013	The Respondent files observations on the Claimant's submission on costs.
February 25, 2014	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 10, 2014	The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Michael Evan Jaffe.

(b) Annulment Proceeding

Date	Development
July 14, 2014	The Secretary-General registers an application for annulment of the award filed by Tulip Real Estate and Development Netherlands B.V.
August 26, 2014	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Peter Tomka (Slovak), President; Cherie Booth (British); and Christoph Schreuer (Austrian); all members appointed by the Chairman of the Administrative Council.
September 29, 2014	The ad hoc Committee holds a first session by telephone conference.
September 30, 2014	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
November 21, 2014	The Applicant files a memorial on annulment.
February 27, 2015	The Respondent files a counter-memorial on annulment.
April 1, 2015	The Applicant files a reply on annulment.
May 4, 2015	The Respondent files a rejoinder on annulment.
June 15, 2015 - June 16, 2015	The ad hoc Committee holds a hearing on annulment in Paris.
July 15, 2015	Each party files a statement of costs.
December 15, 2015	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
December 30, 2015	The ad hoc Committee issues its decision on annulment.