Case Details

Federal Elektrik Yatırım ve Ticaret A.Ş. and others v. Republic of Uzbekistan (ICSID Case No. ARB/13/9)

Subject of Dispute:

Renovation and development of natural gas system
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Türkiye - Uzbekistan 1992 - ECT (Energy Charter Treaty), Investment Law - Uzbekistan (1998)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

İrfan Nurdoğan (Turkish), Asim Kayan (Turkish), Mustafa Nurdoğan (Turkish), Federal Elektrik Yatirim ve Ticaret A.Ş. (Turkish)
Respondent(s):

Republic of Uzbekistan (Uzbek)
Date Registered:

May 24, 2013
Date of Constitution of Tribunal:

January 16, 2014

Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
Arbitrators:

Emmanuel GAILLARD (French) - Appointed by the Claimant(s)
V.V. VEEDER (British) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss)
Arbitrators:

Jan PAULSSON (French, Swedish)
V.V. VEEDER (British)
Reconstituted:

March 3, 2016: Emmanuel GAILLARD (French) appointed following the resignation of Jan PAULSSON (Swedish ,French)

Party Representatives

Claimant(s):

Akinci Law Office, Istanbul, Turkey
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:

May 18, 2020 - The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43.

(a) Original Proceeding

Published Decisions

Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Order Taking Note of the Discontinuance of the Proceeding (May 18, 2020) English (Original)

(a) Original Proceeding

Date	Development
May 24, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
August 28, 2013	Following appointment by the Claimants, Jan Paulsson (Bahraini/French/Swedish) accepts his appointment as arbitrator.
October 2, 2013	Following appointment by the Respondent, V.V. Veeder (British) accepts his appointment as arbitrator.
January 16, 2014	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Jan Paulsson (Bahraini/French/Swedish), appointed by the Claimants; and V.V. Veeder (British), appointed by the Respondent.
March 18, 2014	The Tribunal holds a first session by telephone conference.
March 20, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 4, 2014	The Claimants file a memorial on the merits.
November 10, 2014	The Respondent files a memorial on jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
December 4, 2014	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
December 24, 2014	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
April 27, 2015	The Respondent files a counter-memorial on the merits.
July 13, 2015	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 11, 2015	The Claimants file a counter-memorial on jurisdiction and reply on the merits.
February 16, 2016	Following the resignation of arbitrator Jan Paulsson, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
February 16, 2016	The Tribunal consents to the resignation of arbitrator Jan Paulsson pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
March 3, 2016	The Tribunal is reconstituted. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Emmanuel Gaillard (French), appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1); and V.V. Veeder (British), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
March 3, 2016	Following the resignation of arbitrator Jan Paulsson, Emmanuel Gaillard (French) accepts his appointment as arbitrator, appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1).
May 6, 2016	The Respondent files a reply on jurisdiction and rejoinder on the merits.
July 11, 2016	The Claimants file a rejoinder on jurisdiction.
August 22, 2016	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
March 13, 2017 - March 24, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
May 10, 2017	The Respondent files a request for the Tribunal to decide on production of documents.
May 24, 2017	The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
May 26, 2017	The Respondent files a response to the Claimant’s observations of May 24, 2017.
May 30, 2017	The Claimants file further observations on the Respondent’s response of May 26, 2017.
June 7, 2017	The Tribunal issues Procedural Order No. 5 concerning production of documents.
August 4, 2017	Each party files a reply post-hearing brief.
November 2, 2017	The Tribunal poses questions to the parties.
December 21, 2017	The Claimants file answers to the questions posed by the Tribunal on November 2, 2017.
January 30, 2018	The Claimants file observations on the Respondent’s answers of December 21, 2017.
January 30, 2018	The Respondent files answers to the questions posed by the Tribunal on November 2, 2017, and makes a request for the Tribunal to allow further witness examination.
February 14, 2018	The Claimants file observations on the Respondent’s request of January 30, 2018.
February 28, 2018	The Respondent files a response to the Claimants observations of January 30, 2018 and February 14, 2018.
October 29, 2018	The Tribunal issues a decision on jurisdiction and liability.
January 17, 2020	The proceeding is suspended until April 30, 2020, pursuant to the parties’ agreement.
March 9, 2020	Following the passing away of arbitrator V.V. Veeder (British), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
May 18, 2020	The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43.