Case Details

Karkey Karadeniz Elektrik Uretim A.S. v. Islamic Republic of Pakistan (ICSID Case No. ARB/13/1)

Subject of Dispute:

Power generation equipment
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Türkiye - Pakistan 1995
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Karkey Karadeniz Elektrik Uretim A.S. (Turkish)
Respondent(s):

Islamic Republic of Pakistan (Pakistani)
Date Registered:

February 8, 2013
Date of Constitution of Tribunal:

July 25, 2013

Composition of Tribunal

President:

Yves DERAINS (French) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
David A.O. EDWARD (British) - Appointed by the Chairman of the Administrative Council

Party Representatives

Claimant(s):

Arnold & Porter, Washington, D.C., San Francisco, CA, U.S.A. and London, U.K.
Hassan Kaunain Nafees, Islamabad, Pakistan
Respondent(s):

Allen & Overy, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 22, 2017 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

November 7, 2017 (Respondent(s))
Date of Constitution of ad hoc Committee:

December 5, 2017

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

President:

Karl-Heinz BÖCKSTIEGEL (German)
Members:

Cavinder BULL (Singaporean)
Dorothy Udeme UFOT (Nigerian)

Party Representatives

Claimant(s):

Arnold & Porter, Washington, D.C., San Francisco, CA, U.S.A. and London, U.K.
Hassan Kaunain Nafees, Islamabad, Pakistan
Respondent(s):

GST, Washington, D.C., U.S.A.
Office of the Attorney General of Pakistan
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 9, 2020 - The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(c) Revision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

February 6, 2019 (Respondent(s))
Date of Constitution of Tribunal:

February 7, 2019

Composition of Tribunal

President:

Yves DERAINS (French)
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine)
David A.O. EDWARD (British)

Party Representatives

Claimant(s):

Arnold & Porter, Washington, D.C., San Francisco, CA, U.S.A. and London, U.K.
Hassan Kaunain Nafees, Islamabad, Pakistan
Respondent(s):

GST, Washington, D.C., U.S.A.
Office of the Attorney General of Pakistan
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 9, 2020 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
February 8, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
March 11, 2013	The Claimant files a request for provisional measures.
April 30, 2013	Following appointment by the Claimant, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator.
May 9, 2013	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
June 19, 2013	Following appointment by the Chairman of the Administrative Council, David A.O. Edward (British) accepts his appointment as arbitrator.
July 25, 2013	Following appointment by the Chairman of the Administrative Council, Yves Derains (French) accepts his appointment as presiding arbitrator.
July 25, 2013	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Yves Derains (French), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Horacio Grigera Naón (Argentine), appointed by the Claimant; and David A.O. Edward (British), appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention.
September 16, 2013	The Tribunal holds a first session and a hearing on provisional measures in Washington.
September 30, 2013	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 30, 2013	The Respondent files observations on the Claimant's request for provisional measures.
October 8, 2013	The Tribunal holds a hearing on provisional measures in Washington D.C.
October 16, 2013	The Tribunal issues a decision on provisional measures.
January 31, 2014	The Claimant files a memorial on jurisdiction and the merits.
February 26, 2014	The Tribunal issues Procedural Order No. 2 concerning the confidentiality of documents.
March 17, 2014	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 11, 2014	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
May 13, 2014	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
June 12, 2014	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
July 8, 2014	The Claimant files a request for the Tribunal to reconsider certain aspects of its decision on provisional measures of October 16, 2013.
July 25, 2014	The Respondent files observations on the Claimant's request of July 8, 2014.
August 1, 2014	The Tribunal issues Procedural Order No. 4 concerning provisional measures.
August 18, 2014	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
August 28, 2014	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
September 16, 2014	The Tribunal issues Procedural Order No. 7 concerning the confidentiality of documents.
January 23, 2015	The Respondent files a counter-memorial on the merits, including objections to jurisdiction.
April 24, 2015	The Tribunal issues Procedural Order No. 8 concerning production of documents.
July 10, 2015	The Tribunal issues Procedural Order No. 9 concerning production of documents.
August 5, 2015	The Claimant files a reply on jurisdiction and the merits.
August 31, 2015	The Tribunal issues Procedural Order No. 10 concerning document production.
September 9, 2015	The Tribunal issues Procedural Order No. 11 concerning production of documents.
October 29, 2015	The Respondent files a rejoinder on jurisdiction and the merits.
December 21, 2015	The Claimant files a sur-rejoinder on counterclaims.
January 12, 2016	The Tribunal issues Procedural Order No. 12 concerning production of documents.
February 5, 2016	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
February 10, 2016	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
February 29, 2016 - March 12, 2016	The Tribunal holds a hearing on jurisdiction and the merits in London.
March 17, 2016	The Tribunal issues Procedural Order No. 14 concerning the procedural calendar.
April 29, 2016	Each party files a post-hearing brief.
May 25, 2016	Each party files a submission on costs.
June 8, 2016	Each party files observations on the other party’s submission on costs.
June 6, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 22, 2017	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 7, 2017	The Secretary-General registers an application for annulment of the award filed by the Islamic Republic of Pakistan and notifies the parties of the provisional stay of enforcement of the award.
December 5, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Karl-Heinz Böckstiegel (German); Cavinder Bull (Singaporean); and Dorothy Ufot (Nigerian); all members appointed by the Chairman of the Administrative Council.
January 12, 2018	Each party files observations on the stay of enforcement of the award.
January 26, 2018	Each party files a response to the other party’s observations of January 12, 2018.
February 5, 2018	The ad hoc Committee holds a first session and a hearing on the stay of enforcement in Paris.
February 22, 2018	The ad hoc Committee issues a decision concerning the stay of enforcement of the award.
February 22, 2018	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
April 24, 2018	The Islamic Republic of Pakistan files a request for reconsideration of the ad hoc Committee’s decision of February 22, 2018.
April 30, 2018	Karkey Karadeniz Elektrik Uretim A.S. files observations to the Islamic Republic of Pakistan’s request of April 24, 2018.
May 3, 2018	The Islamic Republic of Pakistan files a response to Karkey Karadeniz Elektrik Uretim A.S.’s observations of April 30, 2018.
May 7, 2018	Karkey Karadeniz Elektrik Uretim A.S. files observations on the Islamic Republic of Pakistan’s response of May 3, 2018.
May 11, 2018	The Islamic Republic of Pakistan files a response to Karkey Karadeniz Elektrik Uretim A.S.’s observations of May 7, 2018.
May 15, 2018	The ad hoc Committee issues Procedural Order No. 2 concerning the Islamic Republic of Pakistan’s request of April 24, 2018.
May 22, 2018	The ad hoc Committee issues Procedural Order No. 3 concerning the admissibility of evidence.
June 1, 2018	The Islamic Republic of Pakistan files a memorial on annulment.
June 25, 2018	The Islamic Republic of Pakistan files a renewed request for the stay of enforcement.
June 29, 2018	Karkey Karadeniz Elektrik Uretim A.S. files observations to the Islamic Republic of Pakistan’s request of June 25, 2018.
July 2, 2018	The ad hoc Committee issues Procedural Order No. 4 concerning the Islamic Republic of Pakistan’s request of June 25, 2018.
September 25, 2018	Karkey Karadeniz Elektrik Uretim A.S. files a counter-memorial on annulment.
November 30, 2018	The Islamic Republic of Pakistan files a reply on annulment.
February 5, 2019	Karkey Karadeniz Elektrik Uretim A.S. files a rejoinder on annulment.
February 11, 2019	The Islamic Republic of Pakistan files a request to suspend the annulment proceeding.
February 20, 2019	The proceeding is suspended pursuant to the parties’ agreement.
May 30, 2019	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
September 13, 2019	Following payment of the required advances, the proceeding is no longer stayed pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
January 9, 2020	The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(c) Revision Proceeding

Date	Development
February 6, 2019	The Secretary-General registers an application for revision of the award filed by the Islamic Republic of Pakistan.
February 7, 2019	The Tribunal is reconstituted. Its members are: Yves Derains (French), President, Horacio Grigera Naón (Argentine), and David A. O. Edward (British).
February 19, 2019	The Islamic Republic of Pakistan files a request to continue the stay of enforcement of the award.
February 27, 2019	Karkey Karadeniz Elektrik Uretim A.S. files observations on the Islamic Republic of Pakistan’s request to continue the stay of enforcement of the award.
March 12, 2019	The Tribunal holds a first session and a hearing on the stay of enforcement of the award by telephone conference.
March 22, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 22, 2019	The Tribunal issues a decision on the continuation of the stay of enforcement of the award.
April 19, 2019	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
May 7, 2019	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
May 14, 2019	The Tribunal issues Procedural Order No. 4 concerning the stay of enforcement of the award.
June 18, 2019	The Islamic Republic of Pakistan files a submission on revision.
August 7, 2019	The Secretary-General registers a further application for revision of the award filed by the Islamic Republic of Pakistan.
August 19, 2019	Following consultations with the Parties, the Tribunal joins the proceeding concerning the further application for revision of the award filed by the Islamic Republic of Pakistan, registered on August 7, 2019, to the proceeding concerning the application for revision of the award filed by the Islamic Republic of Pakistan, registered on February 6, 2019.
August 27, 2019	The Tribunal revises Procedural Order No. 1 to reflect the Tribunal’s ruling of August 19, 2019.
August 30, 2019	The Islamic Republic of Pakistan files a revised submission on revision.
October 15, 2019	The proceeding is suspended until October 30, 2019, pursuant to the parties’ agreement.
October 31, 2019	The suspension of the proceeding is extended until November 30, 2019, pursuant to the parties’ agreement.
November 27, 2019	The suspension of the proceeding is extended until December 31, 2019, pursuant to the parties’ agreement.
January 9, 2020	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).