Case Details
Muhammet Ҫap & Bankrupt Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan (ICSID Case No. ARB/12/6)
-
Construction projects
-
Construction
-
BIT Turkmenistan - Türkiye 1992
-
ICSID Convention - Arbitration Rules
-
Bankrupt Sehil Insaat Endustri ve Ticaret Ltd. Sti. (Turkish), Muhammet Çap (Turkish)
-
Turkmenistan (Turkmen)
-
March 26, 2012
-
October 22, 2012
-
Julian D.M. LEW (British) - Appointed by the Chairman of the Administrative Council
-
Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s) -
Mr. Ahmet Emin Yildiz, Tekirdag, Turkey
Derains & Gharavi, Paris, France, and Washington D.C., U.S.A.
Offit Kurman, Washington, D.C., U.S.A.
Egemenoglu Law Firm, Istanbul, Turkey -
Squire Patton Boggs (US), New York, NY, U.S.A.
-
English
-
Concluded
-
May 4, 2021 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Respondent’s Objection to Jurisdiction Under Article VII(2) of the Turkey-Turkmenistan Bilateral Investment Treaty (English;)
Procedural Order No. 3 (English;)
Award of the Tribunal (English;)
(a) Original Proceeding
Date | Development |
---|---|
March 26, 2012 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 25, 2012 | Following appointment by the Claimants, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator. |
July 8, 2012 | Following appointment by the Respondent, Laurence Boisson de Chazournes (French) accepts her appointment as arbitrator. |
October 21, 2012 | Following appointment by the Chairman of the Administrative Council, Julian D.M. Lew (British) accepts his appointment as presiding arbitrator. |
October 22, 2012 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Julian D.M. Lew (British), President, appointed by the Chairman of the Administrative Council pursuant to the parties' agreement; Bernard Hanotiau (Belgian), appointed by the Claimants; and Laurence Boisson de Chazournes (French), appointed by the Respondent. |
February 4, 2013 | The Tribunal holds a first session in Washington, D.C. |
February 15, 2013 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 18, 2013 | The Respondent files a memorial on jurisdiction. |
April 29, 2013 | The Claimants file a counter-memorial on jurisdiction. |
June 19, 2013 | The Respondent files a reply on jurisdiction. |
August 10, 2013 | The Claimants file a rejoinder on jurisdiction. |
August 14, 2013 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
August 19, 2013 | The Tribunal decides on the procedural calendar and the organization of the hearing. |
December 20, 2013 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
January 14, 2014 - January 15, 2014 | The Tribunal holds a hearing on jurisdiction in Paris. |
March 18, 2014 | Each party files a post-hearing brief. |
March 28, 2014 | Each party files a reply post-hearing brief. |
April 4, 2014 | Each party files a statement of costs. |
April 11, 2014 | Each party files observations on the other party’s statement of costs. The Respondent files a request for the Tribunal to decide on the disclosure of information regarding payment of the arbitration costs. |
May 13, 2014 | The Claimants file observations on the Respondent's request of April 11, 2014. |
June 23, 2014 | The Tribunal issues Procedural Order No. 2 concerning the disclosure of information regarding payment of the arbitration costs. |
February 13, 2015 | The Tribunal issues a decision on jurisdiction. |
April 10, 2015 | The Respondent files a request for the Tribunal to decide on the disclosure of information regarding payment of the arbitration costs. |
April 17, 2015 | The Respondent files a request for the Tribunal to reconsider its decision on jurisdiction. |
April 20, 2015 | The Claimants file observations on the Respondent's request of April 10, 2015. |
April 21, 2015 | The Respondent files a response to Claimants’ observations of April 20, 2015. |
May 1, 2015 | The Claimants file observations on the Respondent’s request of April 17, 2015. |
May 7, 2015 | The Respondent files a response to Claimants’ observations of May 1, 2015. |
May 11, 2015 | The Respondent files a response to the Claimants’ further observations of May 11, 2015. |
May 11, 2015 | The Claimants file further observations on the request of April 17, 2015. |
June 12, 2015 | The Tribunal issues Procedural Order No. 3 concerning the disclosure of information regarding payment of the arbitration costs. |
August 3, 2015 | The Tribunal issues a decision on the Respondent’s request of April 17, 2015 and Procedural Order No. 4 concerning the procedural calendar. |
August 24, 2015 | The Claimants file a request for the Tribunal to decide on production of documents. |
September 14, 2015 | The Respondent files observations on the Claimants’ request of August 24, 2015. |
September 29, 2015 | The Respondent files a request for security for costs. |
October 7, 2015 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
October 12, 2015 | The Claimants file observations on the Respondent’s request of September 29, 2015. |
October 23, 2015 | The Respondent files a response to the Claimants’ observations of October 12, 2015. |
November 12, 2015 | The Claimants file further observations on the Respondent’s response of October 23, 2015. |
December 1, 2015 | The Claimants file a request for the Tribunal to decide on the disclosure of information regarding payment of the arbitration costs. |
December 2, 2015 | The Respondent files a response to the Claimants’ further observations of November 12, 2015. |
December 4, 2015 | The Respondent files observations on the Claimants’ request of December 1, 2015. |
December 10, 2015 | The Claimants file a memorial on the merits. |
February 9, 2016 | The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request of September 29, 2015 and the Claimants’ request of December 1, 2015. |
February 19, 2016 | The Claimant files a request for the Tribunal to reconsider certain aspects of Procedural Order No. 6. |
February 26, 2016 | The Respondent files observations on the Claimant’s request of February 19, 2016. |
March 15, 2016 | The Tribunal decides on the Claimant’s request of February 19, 2016. |
April 18, 2016 | The Respondent files objections to jurisdiction and a counter-memorial on the merits. |
May 30, 2016 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
June 3, 2016 | The Respondent files observations on the Claimant’s request of May 30, 2016. |
June 7, 2016 | The Claimant files a reply on the Respondent’s observations of June 3, 2016. |
June 27, 2016 | The Respondent files a request for the Tribunal to assist the Respondent in obtaining disclosure of information regarding payment of the arbitration costs. |
July 22, 2016 | The Claimants file observations on the Respondent’s request of June 27, 2016. |
July 29, 2016 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
July 29, 2016 | The Tribunal decides on the Respondent’s request of June 27, 2016. |
September 29, 2016 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
January 6, 2017 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
January 23, 2017 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
February 1, 2017 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
February 3, 2017 | The Claimants file a rejoinder on jurisdiction. |
February 13, 2017 - February 21, 2017 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
March 24, 2017 | The Respondent files a request for certain disclosures and procedures. |
April 28, 2017 | The Claimants file observations on the Respondent’s request of March 24, 2017. |
May 23, 2017 | The Tribunal issues Procedural Order No. 9 concerning the Respondent’s request of March 24, 2017. |
June 27, 2017 | Each party files a post-hearing brief. |
November 2, 2017 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |
November 19, 2017 | The Respondent files a proposal for disqualification of arbitrator Bernard Hanotiau. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
November 27, 2017 | The Respondent files observations on the proposal for disqualification. |
December 4, 2017 | The Claimants file observations on the proposal for disqualification. |
December 11, 2017 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
December 18, 2017 | The Respondent files further observations on the proposal for disqualification. |
March 16, 2018 | The proposal for disqualification of Tribunal member Bernard Hanotiau is declined by the other two members of the Tribunal. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 9(6). |
March 22, 2018 | The Claimants file a request for provisional measures. |
August 10, 2018 | Each party files observations on the Claimants’ request for provisional measures. The Respondent files a request for provisional measures. |
September 4, 2018 | Each party files observations on the other party’s request for provisional measures. |
September 18, 2018 | The Claimants file observations on the Respondent’s request for provisional measures. |
October 8, 2018 | The Respondent files further observations on the Claimants’ request for provisional measures. |
October 26, 2018 | The Claimants file further observations on the Respondent’s request for provisional measures. |
December 13, 2018 | The Tribunal issues a decision on provisional measures. |
January 22, 2019 | Each party files a reply post-hearing brief. |
March 28, 2019 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
May 17, 2019 | The proceeding is resumed following payment of the required advances. |
March 6, 2020 | Each party files a statement of costs. |
April 20, 2021 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
May 4, 2021 | The Tribunal renders its award. |