Case Details

Spentex Netherlands, B.V. v. Republic of Uzbekistan (ICSID Case No. ARB/13/26)

Proceeding Materials Procedural Details

  • Textile manufacturing activities
  • Other Industry
  • BIT Netherlands - Uzbekistan 1996 - Contract, Investment Law - Uzbekistan (1998)
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Spentex Netherlands, B.V. (Dutch)
    • Republic of Uzbekistan (Uzbek)
    • September 27, 2013
    • February 18, 2014

      Party Representatives

    • Director of Finance, Spentex Industries Limited, New Delhi, India
      Managing Director, Spentex Industries Limited, New Delhi, India
      Senior Vice President-Corporate & Legal Affairs, Spentex Industries Limited, New Delhi, India
      General Manager of Business Development, Spentex Industries Limited, New Delhi, India
    • Ministry of Justice, Tashkent, Uzbekistan
      White & Case, Washington, D.C. and New York, NY, U.S.A.
    • English
    • Concluded
    • December 27, 2016 - The Tribunal renders its award.

(a) Original Proceeding

Date Development
September 27, 2013 The Secretary-General registers a request for the institution of arbitration proceedings.
December 24, 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.
January 6, 2014 Following appointment by the Claimant, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
January 27, 2014 Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
February 18, 2014 Following appointment by agreement of the parties, August Reinisch (Austrian) accepts his appointment as presiding arbitrator.

The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: August Reinisch (Austrian), President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
March 28, 2014 The Tribunal holds a first session in Washington D.C.
April 2, 2014 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 30, 2014 The Claimant files a memorial on the merits.
August 6, 2014 The Respondent files a request for the Tribunal to decide on the admissibility of evidence.
August 15, 2014 The Respondent files a further request for the Tribunal to decide on the admissibility of evidence.
August 22, 2014 The Respondent reiterates its request of August 15, 2014.
August 25, 2014 The Claimant files observations on the Respondent's requests of August 15 and 22, 2014.
August 26, 2014 The Respondent files a response to the Claimant's observations of August 25, 2014.
September 2, 2014 The Tribunal issues Procedural Order No. 2 concerning the admissibility of evidence.
September 5, 2014 As directed by the Tribunal in Procedural Order No. 2, the Claimant files further submission on the admissibility of evidence.
September 11, 2014 The Tribunal issues Procedural Order No. 3 concerning the admissibility of evidence.
September 17, 2014 The Tribunal issues Procedural Order No. 4 concerning the admissibility of evidence.
December 8, 2014 The Respondent files a counter-memorial on the merits.
January 23, 2015 The Respondent files a request for the Tribunal to decide on production of documents.
January 28, 2015 The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
February 1, 2015 The Respondent reiterates its request of January 23, 2015.
February 2, 2015 The Claimant files observations on the Respondent’s request of February 1, 2015.
February 3, 2015 The Tribunal issues Procedural Order No. 5 concerning production of documents.
February 11, 2015 The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
February 17, 2015 Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
March 9, 2015 The Tribunal issues Procedural Order No. 7 concerning production of documents.
March 22, 2015 The Respondent files a request for the Tribunal to decide on production of documents.
March 30, 2015 The Claimant files observations on the Respondent’s request of March 22, 2015.
April 1, 2015 The Respondent reiterates its request of March 22, 2015.
April 9, 2015 The Tribunal issues Procedural Order No. 8 concerning production of documents.
May 4, 2015 The Respondent files a request for the Tribunal to decide on production of documents.
May 8, 2015 The Tribunal issues Procedural Order No. 9 concerning production of documents.

The Claimant files observations on the Respondent’s request of May 4, 2015.
May 11, 2015 The Tribunal issues Procedural Order No. 10 concerning production of documents and the procedural calendar.
May 16, 2015 The Claimant files a request for the Tribunal to decide on production of documents.
May 21, 2015 The Respondent files observations on the Claimant’s request of May 16, 2015.
May 21, 2015 The Respondent files a request concerning the Claimant’s production of documents.
May 25, 2015 The Tribunal issues Procedural Order No. 11 concerning production of documents.
May 29, 2015 The Claimant files a reply on the merits.
June 4, 2015 The Respondent files a request for the Tribunal to decide on production of documents.
June 5, 2015 The Claimant files observations on the Respondent’s request of June 4, 2015.
June 5, 2015 The Claimant files observations on the Respondent’s request of May 21, 2015.
June 11, 2015 The Respondent files a response to the Claimant’s observations of June 5, 2015.
June 19, 2015 The Tribunal issues Procedural Order No. 12 concerning production of documents and the Respondent’s request of May 21, 2015.
June 20, 2015 The Claimant files a request concerning the procedural calendar.
June 23, 2015 The Respondent files observations on the Claimant’s request of June 20, 2015.
June 24, 2015 The Tribunal issues Procedural Order No. 13 concerning the procedural calendar.
June 26, 2015 The Claimant files a request for the Tribunal to decide on the confidentiality of certain documents produced by the Respondent.
June 29, 2015 The Claimant supplements its reply on the merits.
July 1, 2015 The Respondent files observations on the Claimant’s request of June 26, 2015.
July 2, 2015 The Respondent files a request for the exclusion of evidence.
July 3, 2015 The Claimant files observations on the Respondent’s request of July 2, 2015.
July 6, 2015 The parties designate a confidentiality advisor.
July 7, 2015 The Respondent reiterated its request of July 2, 2015.
July 8, 2015 The Claimant files observations on the Respondent’s request of July 7, 2015.
July 10, 2015 The Tribunal issues Procedural Order No. 14 concerning the exclusion of evidence.
July 30, 2015 The confidentiality advisor issues a report.
August 3, 2015 Each party files observations on the confidentiality advisor’s report of July 30, 2015.
August 5, 2015 The Respondent files a response to the Claimant’s observations of August 3, 2015.
August 6, 2015 The Tribunal decides on the Claimant’s request of June 26, 2015.
August 21, 2015 The Respondent files a rejoinder on the merits.
August 30, 2015 The Claimant files a request for the Tribunal to decide on the admissibility of new evidence and a request on production of documents.
September 1, 2015 The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.

The Respondent files observations on the Claimant’s requests of August 30, 2015.
September 2, 2015 The Claimant files a response to the Respondent’s observations of September 1, 2015 and reiterates its requests of August 30, 2015.
September 3, 2015 The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

The Respondent files further observations on the Claimant’s response of September 2, 2015.

The Tribunal issues Procedural Order No. 15 concerning the organization of the hearing, admissibility of new evidence and production of documents.
September 6, 2015 The Respondent files observations on the Claimant’s request of September 3, 2015.
September 7, 2015 The Tribunal issues Procedural Order No. 16 concerning the admissibility of new evidence.
September 8, 2015 As directed by the Tribunal, the Claimant produces further documents.
September 9, 2015 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 10, 2015 The Claimant files a request regarding the authenticity of certain evidence and files observations on the Respondent’s request of September 9, 2015.
September 11, 2015 The Respondent files observations on the Claimant’s request of September 10, 2015 and a response to the Claimant’s observations of September 10, 2015.

The Tribunal decides on the Respondent’s request of September 9, 2015 and on the Claimant’s request of September 10, 2015.
September 12, 2015 The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
September 13, 2015 The Respondent files observations on the Claimant’s request of September 12, 2015.
September 14, 2015 The Tribunal decides on the Claimant’s request of September 12, 2015.
September 14, 2015 - September 25, 2015 The Tribunal holds a hearing on the merits in Washington, D.C.
September 16, 2015 As directed by the Tribunal, the Respondent produces further documents.
September 17, 2015 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 18, 2015 The Claimant submits oral observations on the Respondent’s request of September 17, 2015 during the hearing.

The Tribunal decides on the Respondent’s request of September 17, 2015.
September 21, 2015 The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
September 22, 2015 The Respondent files observations on the Claimant’s request of September 21, 2015.
September 24, 2015 Each party files a request for the Tribunal to decide on production of documents.

Each party files observations on the other party’s request of September 24, 2015.

The Respondent excludes certain legal arguments from the record.
September 25, 2015 The Tribunal decides on the Claimant’s request of September 24, 2015.

The Claimant files a request for the Tribunal to decide on production of documents.
September 30, 2015 The Respondent files observations on the Claimant’s request of September 25, 2015.
October 2, 2015 The Tribunal decides on the Respondent’s request of September 24, 2015 and the Claimant’s request of September 25, 2015.
October 31, 2015 The Claimant files a request for the Tribunal to decide on production of documents.
November 1, 2015 The Respondent files observations on the Claimant’s request of October 31, 2015.
November 2, 2015 The Claimant files a request for the exclusion of evidence.
November 6, 2015 The Tribunal decides on the Claimant’s request of October 31, 2015.
November 10, 2015 The Respondent files a request for the Tribunal to decide on production of documents and the admissibility of new evidence.
November 11, 2015 The Claimant files a request for the Tribunal to decide on production of documents.
November 13, 2015 The Respondent files observations on the Claimant’s request of November 11, 2015.
November 16, 2015 The Claimant files observations on the Respondent’s request of November 10, 2015.
November 18, 2015 The Claimant reiterates its request of November 2, 2015

The Respondent files observations on the Claimant’s requests of November 2, 2015 and November 18, 2015.

The Respondent files a response to the Claimant’s observations of November 16, 2015 and reiterates its request of November 10, 2015.
December 1, 2015 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 3, 2015 The Claimant files observations on the Respondent’s request of December 1, 2015.
December 4, 2015 The Tribunal decides on the Respondent’s request of December 1, 2015.
December 11, 2015 Each party files a post-hearing brief.
December 15, 2015 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of December 15, 2015.
December 16, 2015 The Tribunal decides on the Respondent’s request of December 15, 2015.
September 12, 2016 Each party files a submission on costs.
October 3, 2016 Each party files observations on the other party’s submission on costs.
December 12, 2016 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 27, 2016 The Tribunal renders its award.