Case Details

Vladislav Kim and others v. Republic of Uzbekistan (ICSID Case No. ARB/13/6)

Subject of Dispute:

Cement production enterprise
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Uzbekistan - Kazakhstan 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Aibar Burkitbayev (Kazakhstani), Nikolay Varenko (Kazakhstani), Pavel Borissov (Kazakhstani), Aidan Karibzhanov (Kazakhstani), Almas Chukin (Kazakhstani), Lyazzat Daurenbekova (Kazakhstani), Adal Issabekov (Kazakhstani), Damir Karassayev (Kazakhstani), Gulzhamash Zaitbekova (Kazakhstani), Vladislav Kim (Kazakhstani), Aigul Nurmakhanova (Kazakhstani), Kairat Omarov (Kazakhstani)
Respondent(s):

Republic of Uzbekistan (Uzbek)
Date Registered:

April 24, 2013
Date of Constitution of Tribunal:

October 17, 2013

Composition of Tribunal

President:

Peter TOMKA (Slovak) - Appointed by the Parties
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

David D. CARON (U.S.) - Appointed by the Parties
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s)
Reconstituted:

June 6, 2018: Peter TOMKA (Slovak) appointed following the passing away of David D. CARON (U.S.)

Party Representatives

Claimant(s):

Jones Day, London, U.K.
Respondent(s):

Government of the Republic of Uzbekistan
White & Case, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

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

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction (March 8, 2017)

(a) Original Proceeding

Date	Development
April 24, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
August 1, 2013	Following appointment by the Claimants, Yves Fortier (Canadian) accepts his appointment as arbitrator.
September 1, 2013	Following appointment by the Respondent, Toby Landau (British) accepts his appointment as arbitrator.
October 17, 2013	Following appointment by the parties, David Caron (U.S.) accepts his appointment as presiding arbitrator.
October 17, 2013	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David Caron (U.S.) President, appointed by agreement of the parties; Yves Fortier (Canadian) appointed by the Claimants; and Toby Landau (British), appointed by the Respondent.
December 18, 2013	The Tribunal holds a first session by video conference.
January 6, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 25, 2014	The Claimants file a memorial on the merits.
May 22, 2014	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
August 1, 2014	The Respondent files a memorial on preliminary objections and a request to address the objections to jurisdiction as a preliminary question.
August 22, 2014	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
September 21, 2014	The Tribunal issues Procedural Order No. 3 concerning the Respondents’ request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
December 11, 2014	The Claimants file a counter-memorial on preliminary objections.
December 15, 2014	The Respondent files a request for the exclusion of evidence.
December 19, 2014	The Claimants file observations on the Respondent’s request for the exclusion of evidence.
December 28, 2014	The Respondent files a response to the Claimants' observations of December 19, 2014.
December 30, 2014	The Tribunal issues Procedural Order No. 4 concerning the exclusion of evidence.
March 3, 2015	The Respondent files a reply on preliminary objections.
May 19, 2015	The Claimants file a rejoinder on preliminary objections.
June 19, 2015	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
June 30, 2015	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 1, 2015	The Tribunal issues Procedural Order No. 6 concerning the exclusion of evidence.
July 15, 2015	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
July 20, 2015	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
July 28, 2015 - August 1, 2015	The Tribunal holds a hearing on preliminary objections in Washington, D.C.
August 7, 2015	The Tribunal issues Procedural Order No. 9 concerning the admissibility of evidence and document production.
October 13, 2015	The Tribunal issues Procedural Order No. 10 concerning the admissibility of evidence and production of documents.
October 19, 2015	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
November 7, 2015	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
November 10, 2015 - November 12, 2015	The Tribunal holds a hearing on preliminary objections in The Hague.
November 11, 2015	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
March 8, 2017	The Tribunal issues a decision on jurisdiction.
March 15, 2017	The Tribunal issues Procedural Order No. 14 concerning the procedural calendar.
April 21, 2017	The Tribunal issues Procedural Order No. 15 concerning the procedural calendar.
May 15, 2017	The Tribunal issues Procedural Order No. 16 concerning procedural matters.
July 20, 2017	The Tribunal issues Procedural Order No. 17 concerning procedural matters.
September 16, 2017	The Respondent files a counter-memorial on the merits, including a request for the Tribunal to reconsider its decision on jurisdiction.
September 25, 2017	The Tribunal issues Procedural Order No. 18 concerning procedural matters. The Tribunal issues Procedural Order No. 19 concerning the procedural calendar.
October 3, 2017	The Claimants file observations on the Respondent’s request of September 16, 2017.
October 16, 2017	The Tribunal issues Procedural Order No. 20 concerning procedural matters. The Tribunal issues Procedural Order No. 21 concerning procedural matters.
October 24, 2017	The Respondent files a response to the Claimants’ observations of October 3, 2017.
October 31, 2017	The Claimants file further observations on the Respondent’s request of September 16, 2017.
November 13, 2017	The Tribunal issues a decision concerning the Respondent’s request of September 16, 2017.
November 16, 2017	The Tribunal issues Procedural Order No. 22 concerning production of documents.
January 8, 2018	The Tribunal issues Procedural Order No. 23 concerning procedural matters.
February 9, 2018	The Tribunal issues Procedural Order No. 24 concerning procedural matters.
February 13, 2018	The Claimants file a reply on the merits.
February 20, 2018	Following the passing away of arbitrator David Caron (U.S.), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
June 6, 2018	Following the passing away of David D. Caron, Peter Tomka (Slovak) accepts his appointment as President of the Tribunal, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1).
June 6, 2018	The Tribunal is reconstituted. Its members are Peter Tomka (Slovak), President, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1); L. Yves Fortier (Canadian), appointed by the Claimants; and Toby Landau (British) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
August 31, 2018	The Tribunal issues Procedural Order No. 25 concerning procedural matters.
September 30, 2018	The Tribunal issues Procedural Order No. 26 concerning procedural matters.
September 30, 2018	The Tribunal issues Procedural Order No. 27 concerning procedural matters.
October 16, 2018	The Respondent files a rejoinder on the merits.
December 19, 2018	The Claimants file a sur-rejoinder on the merits.
February 1, 2019	The Tribunal issues Procedural Order No. 28 concerning procedural matters.
February 19, 2019	The Tribunal issues Procedural Order No. 29 concerning procedural matters.
March 16, 2019	The Respondent files a rebuttal on the merits.
March 29, 2019	The Tribunal issues Procedural Order No. 30 concerning procedural matters.
April 2, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
April 16, 2019	The Tribunal issues Procedural Order No. 31 concerning procedural matters.
April 23, 2019	The Tribunal issues Procedural Order No. 32 concerning procedural matters.
April 24, 2019	The Tribunal issues Procedural Order No. 33 concerning the organization of the hearing.
May 9, 2019	The Tribunal issues Procedural Order No. 34 concerning procedural matters.
May 11, 2019 - May 17, 2019	The Tribunal holds a hearing on the merits in Washington, D.C.
June 14, 2019	The Tribunal issues Procedural Order No. 35 concerning procedural matters.
November 19, 2019	The Tribunal issues Procedural Order No. 36 concerning procedural matters.
January 27, 2020	The proceeding is suspended until June 1, 2020, pursuant to the parties’ agreement.
June 1, 2020	The proceeding is suspended until September 16, 2020, pursuant to the parties’ agreement.
September 16, 2020	The proceeding is suspended until October 1, 2020, pursuant to the parties' agreement.
October 1, 2020	The suspension of the proceeding is extended until December 30, 2020, pursuant to the parties’ agreement.
December 7, 2020	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
December 9, 2020	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).