Case Details

Alhambra Resources Ltd. and Alhambra Coӧperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Netherlands - Kazakhstan 2002 - Investment Law - Kazakhstan (1994)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Alhambra Coӧperatief U.A. (Dutch), Alhambra Resources Ltd. (Canadian)
Respondent(s):

Republic of Kazakhstan (Kazakhstani)
Date Registered:

April 5, 2016
Date of Constitution of Tribunal:

July 12, 2016

Composition of Tribunal

President:

Hans VAN HOUTTE (Belgian) - Appointed by Co-Arbitrators
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Jean Engelmayer KALICKI (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Jones Day, Washington, D.C., U.S.A. and London, U.K.
Respondent(s):

Reed Smith, London, U.K.
Alison Macdonald, Matrix Chambers, London, U.K.
Paul Choon Kiat Wee, 3 Verulam Buildings, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 16, 2020 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

March 23, 2021
Date of Constitution of ad hoc Committee:

April 15, 2021

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

President:

Lawrence BOO (Singaporean)
Members:

Doug JONES (Australian, Irish)
Penelope RIDINGS (New Zealand)

Party Representatives

Claimant(s):

Jones Day, Washington, D.C., U.S.A.
Baiju Vasani
Respondent(s):

Reed Smith, London, U.K.
Alison Macdonald, Essex Court Chambers, London, U.K.
Paul Choon Kiat Wee, Essex Court Chambers, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 10, 2023 - The ad hoc Committee issues its decision on annulment.

(c) Second Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

March 23, 2021
Date of Constitution of Tribunal:

April 15, 2021

Composition of Tribunal

President:

Lawrence BOO (Singaporean)
Arbitrators:

Doug JONES (Australian, Irish)
Penelope RIDINGS (New Zealand)

Party Representatives

Claimant(s):

Jones Day, Washington, D.C., U.S.A.
Baiju Vasani
Respondent(s):

Reed Smith, London, U.K.
Alison Macdonald, Essex Court Chambers, London, U.K.
Paul Choon Kiat Wee, Essex Court Chambers, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 10, 2023 - The ad hoc Committee issues its decision on annulment.

(d) Resubmission Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

October 16, 2023
Date of Constitution of Tribunal:

February 2, 2024

Composition of Tribunal

President:

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

David R. HAIGH (Canadian) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Jones Day, Washington, D.C., U.S.A.
Baiju Vasani, Twenty Essex, London, U.K.
Respondent(s):

Latham & Watkins, London, U.K.
Alison Macdonald, Essex Court Chambers, London, U.K.
Paul Choon Kiat Wee, Essex Court Chambers, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

June 19, 2024 -
The Claimant files a memorial on the merits.

No References Available.

(a) Original Proceeding

Date	Development
April 5, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
June 15, 2016	Following appointment by the Claimants, John Beechey (British) accepts his appointment as arbitrator.
June 15, 2016	Following appointment by the Respondent, Jean Kalicki (U.S.) accepts her appointment as arbitrator.
July 12, 2016	Following appointment by his co-arbitrators, Hans van Houtte (Belgian) accepts his appointment as presiding arbitrator.
July 12, 2016	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Hans van Houtte (Belgian), President, appointed by his co-arbitrators; John Beechey (British), appointed by the Claimants; and Jean E. Kalicki (U.S.), appointed by the Respondent.
July 25, 2016	The Claimants file a request for provisional measures.
August 17, 2016	The Respondent files observations on the Claimants’ request for provisional measures.
August 22, 2016	The Tribunal holds a first session by telephone conference.
September 2, 2016	The Claimants file a response to the Respondent’s observations of August 17, 2016.
September 15, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 16, 2016	The Respondent files a response to the Claimants’ observations of September 2, 2016.
October 10, 2016	The Tribunal holds a hearing on provisional measures in London.
November 9, 2016	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
February 6, 2017	The Claimants file a memorial on the merits.
February 23, 2017	The Tribunal issues Procedural Order No. 3 concerning provisional measures.
March 20, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 17, 2017	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
April 24, 2017	The Respondent files a response to the Claimants’ observations of April 17, 2017.
April 28, 2017	The Claimants file further observations on the Respondent’s response of April 24, 2017.
May 19, 2017	The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
October 30, 2017	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
December 12, 2017	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar and the production of documents.
February 2, 2018	The Tribunal issues Procedural Order No. 6 concerning production of documents.
April 9, 2018	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
May 1, 2018	The Tribunal issues Procedural Order No. 7 concerning production of documents.
June 15, 2018	Following appointment by the Respondent, Jean Kalicki (U.S.) accepts her appointment as arbitrator.
September 14, 2018	The Tribunal issues Procedural Order No. 8 concerning the procedural calendar.
September 17, 2018	The Respondent files a rejoinder on merits and reply on jurisdiction.
October 12, 2018	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
October 19, 2018	The Tribunal issues Procedural Order No. 9 concerning hearing organization.
November 26, 2018 - December 5, 2018	The Tribunal holds a hearing on the merits in Washington, D.C.
December 23, 2018	The Tribunal poses questions to the parties.
January 29, 2019	The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.
February 8, 2019	Each party files answers to the questions posed by the Tribunal on December 23, 2018.
February 26, 2019 - February 28, 2019	The Tribunal holds a hearing on the merits in London.
March 28, 2019	Each party files a statement of costs.
June 20, 2019	The Claimants file a resubmitted statement of costs.
November 6, 2019	The Tribunal poses questions to the parties.
November 15, 2019	The Claimants file answers to the questions posed by the Tribunal on November 6, 2019.
December 2, 2019	The Respondent files a response to the Claimants’ answers of November 15, 2019.
December 9, 2019	The Claimants file a response to the Respondent’s observations of December 2, 2019.
December 16, 2019	The Respondent files further observations on the Claimants’ response of December 9, 2019.
January 15, 2020	The Tribunal poses questions to the parties.
February 10, 2020	Each party files answers to the questions posed by the Tribunal on January 15, 2020.
November 9, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 16, 2020	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
March 23, 2021	The Secretary-General registers an application for partial annulment of the award filed by Alhambra Cooperatief U.A.
April 15, 2021	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lawrence Boo (Singaporean), President; Doug Jones (Australian/Irish); and Penelope Ridings (New Zealand); all members appointed by the Chairman of the Administrative Council.
June 8, 2021	The ad hoc Committee holds a first session by video conference.
June 13, 2021	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
August 2, 2021	The Republic of Kazakhstan files a request for the ad hoc Committee to decide on the admissibility of new evidence.
August 6, 2021	Alhambra Coӧperatief U.A. files observations on the Republic of Kazakhstan’s request of August 2, 2021.
August 9, 2021	The Republic of Kazakhstan files a response to Alhambra Coӧperatief U.A.’s observations of August 6, 2021.
August 17, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence.
August 18, 2021	The Republic of Kazakhstan files a memorial on annulment.
August 20, 2021	Alhambra Cooperatief U.A. files a memorial on annulment.
October 29, 2021	The Republic of Kazakhstan files a counter-memorial on annulment.
October 29, 2021	Alhambra Cooperatief U.A. files a counter-memorial on annulment.
February 1, 2022	The ad hoc Committee holds a case management conference with the parties by video conference.
February 3, 2022	The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
April 8, 2022	Alhambra Cooperatief U.A. files a rejoinder on annulment.
April 8, 2022	The Republic of Kazakhstan files a rejoinder on annulment.
May 9, 2022	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
May 11, 2022	The ad hoc Committee issues Procedural Order No. 4 concerning the organization of the hearing.
June 6, 2022 - June 8, 2022	The ad hoc Committee holds a hearing on annulment by video conference.
August 22, 2022	Each party files a statement of costs.
August 30, 2022	Each party files a submission on costs.
February 8, 2023	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
March 10, 2023	The ad hoc Committee issues its decision on annulment.

(c) Second Annulment Proceeding

Date	Development
March 23, 2021	The Secretary-General registers an application for partial annulment of the award filed by the Republic of Kazakhstan.
April 15, 2021	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lawrence Boo (Singaporean), President; Doug Jones (Australian/Irish); and Penelope Ridings (New Zealand); all members appointed by the Chairman of the Administrative Council.
June 8, 2021	The ad hoc Committee holds a first session by video conference.
June 13, 2021	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
August 2, 2021	The Republic of Kazakhstan files a request for the ad hoc Committee to decide on the admissibility of new evidence.
August 6, 2021	Alhambra Coӧperatief U.A. files observations on the Republic of Kazakhstan’s request of August 2, 2021.
August 9, 2021	The Republic of Kazakhstan files a response to Alhambra Coӧperatief U.A.’s observations of August 6, 2021.
August 17, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence.
August 18, 2021	The Republic of Kazakhstan files a memorial on annulment.
August 20, 2021	Alhambra Cooperatief U.A. files a memorial on annulment.
October 29, 2021	Alhambra Cooperatief U.A. files a counter-memorial on annulment.
February 1, 2022	The ad hoc Committee holds a case management conference with the parties by video conference.
February 3, 2022	The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
April 8, 2022	The Republic of Kazakhstan files a rejoinder on annulment.
April 8, 2022	Alhambra Cooperatief U.A. files a rejoinder on annulment.
May 9, 2022	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
May 11, 2022	The ad hoc Committee issues Procedural Order No. 4 concerning the organization of the hearing.
June 6, 2022 - June 8, 2022	The ad hoc Committee holds a hearing on annulment by video conference.
August 22, 2022	Each party files a statement of costs.
August 30, 2022	Each party files a submission on costs.
February 8, 2023	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
March 10, 2023	The ad hoc Committee issues its decision on annulment.

(d) Resubmission Proceeding

Date	Development
October 16, 2023	The Secretary-General registers a request for resubmission of the dispute to a new tribunal.
November 8, 2023	Following appointment by the Claimant, David R. Haigh (Canadian) accepts his appointment as arbitrator.
December 15, 2023	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
February 2, 2024	Following appointment by agreement of his co-arbitrators pursuant to the parties’ agreement, Laurent Lévy (Brazilian/Swiss) accepts his appointment as presiding arbitrator.
February 2, 2024	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention and Rule 55(2)(d) of the Arbitration Rules. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by his co-arbitrators pursuant to the parties’ agreement; David Haigh (Canadian), appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
April 23, 2024	The Tribunal holds a first session by video conference.
May 24, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 19, 2024	The Claimant files a memorial on the merits.