Case Details
Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan (ICSID Case No. ARB/13/13)
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Oil exploration and production contract
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Oil, Gas & Mining
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BIT United States of America - Kazakhstan 1992 - Contract, Investment Law - Kazakhstan (1994)
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ICSID Convention - Arbitration Rules
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Caratube International Oil Company LLP (Kazakhstani), Devincci Salah Hourani (U.S.)
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Republic of Kazakhstan (Kazakhstani)
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June 28, 2013
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January 7, 2014
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Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
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Laurent AYNÈS (French) - Appointed by the Claimant(s)
Jacques SALÈS (French) - Appointed by the Respondent(s) -
Laurent LÉVY (Brazilian, Swiss)
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Laurent AYNÈS (French)
Bruno BOESCH (Swiss) -
April 29, 2014: Jacques SALÈS (French) appointed following the disqualification of Bruno BOESCH (Swiss)
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Derains & Gharavi, Paris, France
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Curtis, Mallet-Prevost, Colt & Mosle, Paris, France and Mexico City, Mexico
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English
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Concluded
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September 27, 2017 - The Tribunal renders its award; attached to the award is a concurring and dissenting opinion by arbitrator Jacques Salès.
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Respondent(s)
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February 2, 2018 (Respondent(s))
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September 26, 2019
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Eduardo ZULETA (Colombian)
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Derains & Gharavi, Paris, France
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Curtis, Mallet-Prevost, Colt & Mosle, Paris, France and Mexico City, Mexico
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English
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Concluded
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June 18, 2020 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on the Proposal for Disqualification of Arbitrator Bruno Boesch
Decision on the Claimants' Request for Provisional Measures
Award of the Tribunal
Available on the ICSID Website
Decision on the Proposal for Disqualification of Arbitrator Bruno Boesch (March 20, 2014) English (Original)
Decision on the Claimants' Request for Provisional Measures (December 4, 2014) English (Original)
Award of the Tribunal (September 27, 2017) English (Original)
(b) Annulment Proceeding
Published Decisions
Decision on Stay of Enforcement
Available on the ICSID Website
Decision on Stay of Enforcement (December 12, 2019) English (Original)
(a) Original Proceeding
Date | Development |
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June 28, 2013 | The Secretary-General registers a request for the institution of arbitration proceedings. |
November 28, 2013 | Following appointment by the Claimants, Laurent Aynès (French), accepts his appointment as arbitrator. |
December 3, 2013 | Following appointment by the Respondent, Bruno W. Boesch (Swiss) accepts his appointment as arbitrator. |
January 7, 2014 | Following appointment by the parties, Laurent Lévy (Brazilian/Swiss) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Laurent Aynés (French) appointed by the Claimants; and Bruno Boesch (Swiss), appointed by the Respondent. |
January 28, 2014 | The Claimants file a proposal for disqualification of arbitrator Bruno Boesch. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
February 12, 2014 | The Respondent files observations on the proposal for disqualification. |
February 13, 2014 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
March 20, 2014 | The proposal for disqualification of arbitrator Bruno Boesch is upheld by the co-arbitrators. The Acting Secretary General notifies the parties of a vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2). |
April 28, 2014 | Following the disqualification of arbitrator Bruno Boesch, Jacques Salès (French) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). |
April 29, 2014 | The Tribunal is reconstituted. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by the agreement of the parties; Laurent Aynès (French) appointed by the Claimants; and Jacques Salès (French), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
June 4, 2014 | The Tribunal holds a first session in Paris. |
June 20, 2014 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 14, 2014 | The Claimants file a request for provisional measures. |
August 14, 2014 | The Respondent files observations on the Claimants’ request for provisional measures. |
September 19, 2014 | The Claimants file a memorial on jurisdiction and the merits. |
October 8, 2014 | The Tribunal holds a hearing on provisional measures. |
December 4, 2014 | The Tribunal issues a decision on provisional measures. |
March 20, 2015 | The Respondent files a counter-memorial on jurisdiction and the merits. |
July 24, 2015 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
July 27, 2015 | The Tribunal issues a decision on production of documents. |
August 31, 2015 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
September 14, 2015 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
September 17, 2015 | The Claimants file a reply on jurisdiction. |
October 23, 2015 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
November 2, 2015 - November 13, 2015 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
March 4, 2016 | Each party files a post-hearing brief. |
May 13, 2016 | Each party files a reply post-hearing brief. |
July 13, 2016 | Each party files a statement of costs. |
July 25, 2016 | The Respondent files observations on the Claimants’ statement of costs. |
August 15, 2016 | The Claimants file a response to the Respondent’s observations of July 25, 2016. |
August 26, 2016 | The Respondent files a reply to the Claimants’ response of August 15, 2016. |
September 12, 2017 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
September 27, 2017 | The Tribunal renders its award; attached to the award is a concurring and dissenting opinion by arbitrator Jacques Salès. |
(b) Annulment Proceeding
Date | Development |
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February 2, 2018 | The Acting Secretary-General registers an application for annulment of the award filed by the Republic of Kazakhstan and notifies the parties of the provisional stay of enforcement of the award. |
April 27, 2018 | The proceeding is suspended until June 27, 2018, pursuant to the parties’ agreement. |
June 27, 2018 | The suspension of the proceeding is extended until July 18, 2018, pursuant to the parties’ agreement. |
July 16, 2018 | The suspension of the proceeding is further extended until August 31, 2018, pursuant to the parties’ agreement. |
August 31, 2018 | The suspension of the proceeding is further extended until September 30, 2018, pursuant to the parties’ agreement. |
September 28, 2018 | The suspension of the proceeding is further extended until November 30, 2018, pursuant to the parties’ agreement. |
December 8, 2018 | The suspension of the proceeding is further extended until January 31, 2019, pursuant to the parties’ agreement. |
March 6, 2019 | The suspension of the proceeding is further extended until March 31, 2019, pursuant to the parties’ agreement. |
August 1, 2019 | Caratube International Oil Company LLP and Devincci Salah Hourani file a request to terminate the stay of enforcement of the award. |
September 26, 2019 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Lawrence Boo (Singaporean), and Bernardo Sepúlveda Amor (Mexican); all members appointed by the Chairman of the Administrative Council. |
October 30, 2019 | The ad hoc Committee holds a first session by telephone conference. |
November 18, 2019 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
December 12, 2019 | The ad hoc Committee issues a decision on the stay of enforcement of the award. |
January 17, 2020 | The proceeding is suspended until April 17, 2020, pursuant to the parties’ agreement. |
April 29, 2020 | The suspension of the proceeding is further extended until May 31, 2020, pursuant to the parties’ agreement. |
June 3, 2020 | The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |
June 18, 2020 | The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |