Case Details
Attila Doğan Construction & Installation Co. Inc. v. Sultanate of Oman (ICSID Case No. ARB/16/7)
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Oil and gas engineering and construction enterprise
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Oil, Gas & Mining
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BIT Oman - Türkiye 2007
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ICSID Convention - Arbitration Rules
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Attila Dogan Construction & Installation Co. Inc. (Turkish)
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Sultanate of Oman (Omani)
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March 21, 2016
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August 2, 2016
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John BEECHEY (British) - Appointed by Co-Arbitrators
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Matthieu DE BOISSÉSON (French) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s) -
Derains & Gharavi, Paris, France
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Three Crowns, London, U.K.
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English
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Concluded
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February 1, 2021 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Matthieu de Boisséson.
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Claimant(s)
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June 9, 2021 (Claimant(s))
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July 13, 2021
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August REINISCH (Austrian)
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Derains & Gharavi, Paris, France
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Three Crowns, London, U.K. and Paris, France.
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English
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Concluded
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September 18, 2024 -
The Acting Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 16(2)(c).
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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March 21, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 29, 2016 | Following appointment by the Claimant, Matthieu de Boisséson (French) accepts his appointment as arbitrator. |
July 4, 2016 | Following appointment by the Respondent, Toby Landau (British) accepts his appointment as arbitrator. |
August 2, 2016 | Following appointment by appointment by the co-arbitrators, John Beechey (British) accepts his appointment as presiding arbitrator. |
August 2, 2016 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: John Beechey (British), President, appointed by his co-arbitrators; Matthieu de Boisséson (French), appointed by the Claimant; and Toby Landau (British), appointed by the Respondent. |
September 26, 2016 | The Respondent files a request to address certain matters as preliminary questions. |
September 29, 2016 | The Claimant files observations on the Respondent’s request of September 26, 2016. |
September 30, 2016 | The Tribunal holds a first session in Paris. |
October 12, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
October 28, 2016 | The Claimant files a memorial on the merits. |
November 11, 2016 | The Respondent files a response to the Claimant’s observations of September 29, 2016 and supplements its request of September 26, 2016. |
November 25, 2016 | The Claimant files a response to the Respondent’s request of September 26, 2016, as supplemented by Respondent’s response of November 11, 2016. |
December 5, 2016 | The Respondent files an application for security for costs. |
December 16, 2016 | The Claimant files observations on the Respondent’s application for security for costs. |
January 27, 2017 | The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address certain matters as preliminary questions; as a result, the preliminary questions are to be considered at the same time as the merits of the dispute. |
February 3, 2017 | The Respondent files a response to the Claimant’s observations of December 16, 2016. |
February 9, 2017 | The Claimant files a reply to the Respondent’s response of February 3, 2017. |
March 7, 2017 | The Tribunal issues Procedural Order No. 3 concerning the procedural calendar. The Tribunal issues Procedural Order No. 4 concerning security for costs. |
July 27, 2017 | The Respondent files a counter-memorial on the merits. |
September 8, 2017 | The Respondent files a request for the exclusion of evidence. |
September 21, 2017 | The Claimant files observations on the Respondent’s request for the exclusion of evidence. |
October 9, 2017 | The Respondent files a renewed application for security for costs. |
October 30, 2017 | Following exchanges between the parties, the parties file requests for the Tribunal to decide on production of documents. |
November 10, 2017 | The Claimant files observations on the Respondent’s renewed application for security for costs. |
November 23, 2017 | The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request for the exclusion of evidence. |
December 8, 2017 | The Claimant files a request for reconsideration of the Tribunal’s decision of November 23, 2017 in Procedural Order No. 5. |
December 8, 2017 | The Respondent files observations on the Claimant’s request of December 8, 2017. |
January 8, 2018 | The Tribunal issues Procedural Order No. 6 concerning the Respondent’s renewed application for security for costs. |
January 8, 2018 | The Tribunal issues a decision on the Claimant’s request of December 8, 2017. |
April 9, 2018 | The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request for the exclusion of evidence. |
April 18, 2018 | The Tribunal issues Procedural Order No. 8 concerning production of documents. |
June 19, 2018 | The Tribunal issues Procedural Order No. 9 concerning production of documents. |
July 6, 2018 | The Tribunal issues Procedural Order No. 10 concerning production of documents. |
July 19, 2018 | The Tribunal issues Procedural Order No. 11 concerning the procedural calendar. |
October 5, 2018 | The Claimant files a reply on the merits. |
December 31, 2018 | The Tribunal issues Procedural Order No. 12 concerning production of documents. |
May 16, 2019 | The Respondent files a rejoinder on the merits. |
June 4, 2019 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
June 7, 2019 | The Tribunal issues Procedural Order No. 13 concerning the organization of the hearing. |
June 11, 2019 | The Tribunal issues Procedural Orders No. 14 and 15 concerning certain issues in connection with the organization of the hearing. |
June 14, 2019 | The Claimant files a rejoinder on jurisdiction. |
July 8, 2019 - July 12, 2019 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
October 7, 2019 | Each party files a post-hearing brief. |
January 6, 2020 | The Respondent files a submission on costs. |
December 14, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
February 1, 2021 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Matthieu de Boisséson. |
(b) Annulment Proceeding
Date | Development |
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June 9, 2021 | The Secretary-General registers an application for annulment of the award filed by Attila Dogan Construction & Installation Co. Inc. and notifies the parties of the provisional stay of enforcement of the award. |
July 13, 2021 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: August Reinisch (Austrian), President; Bernardo Sepúlveda Amor (Mexico); and Bertha Cooper-Rousseau ((Bahamian); all members appointed by the Chairman of the Administrative Council. |
July 28, 2021 | Attila Doğan Construction & Installation Co. Inc. files a request to continue the stay of enforcement of the award. |
August 18, 2021 | The ad hoc Committee issues Procedural Order No.1 concerning the request for the continuation of the stay of enforcement of the award. |
August 25, 2021 | The ad hoc Committee holds a first session by video conference. |
September 3, 2021 | The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters. |
September 14, 2021 | Attila Doğan Construction & Installation Co. Inc. files a submission concerning its request to continue the stay of enforcement of the award. |
October 12, 2021 | The Sultanate of Oman files observations on Attila Doğan Construction & Installation Co. Inc.’s request to continue the stay of enforcement of the award and a request for security for costs. |
November 2, 2021 | Attila Doğan Construction & Installation Co. Inc. files a response to the Sultanate of Oman’s observations and request for security for costs of October 12, 2021. |
November 12, 2021 | Attila Doğan Construction & Installation Co. Inc. files a memorial on annulment. |
November 16, 2021 | The Sultanate of Oman filed a reply on Attila Doğan Construction & Installation Co. Inc.’s request to continue the stay of enforcement of the award and a response on its request for security for costs. |
December 23, 2021 | The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award and security for costs. |
February 4, 2022 | The Sultanate of Oman files a counter-memorial on annulment. |
May 3, 2022 | Attila Doğan Construction & Installation Co. Inc. files a reply on annulment. |
May 27, 2022 | The Sultanate of Oman files a renewed request for security for costs. |
June 24, 2022 | Attila Doğan Construction & Installation Co. Inc. files observations on the Sultanate of Oman’s renewed request for security for costs. |
July 13, 2022 | The ad hoc Committee issues a decision on on the Sultanate of Oman’s request of May 27, 2022. |
July 25, 2022 | The Sultanate of Oman files a rejoinder on annulment. |
August 18, 2022 | Attila Doğan Construction & Installation Co. Inc. files a request for reconsideration of the ad hoc Committee’s decision of July 13, 2022. |
August 23, 2022 | The Sultanate of Oman files observations on Attila Doğan Construction & Installation Co. Inc.’s request of August 18, 2022. |
August 30, 2022 | The ad hoc Committee issues a decision concerning Attila Doğan Construction & Installation Co. Inc.’s request of August 18, 2022; as a result, the proceeding is suspended. |
January 13, 2023 | The Sultanate of Oman files a request for the termination of the proceeding. |
January 25, 2023 | Attila Doğan Construction & Installation Co. Inc. files observations on the Sultanate of Oman’s request of January 13, 2023, including a renewed request for reconsideration of the ad hoc Committee’s decision of July 13, 2022 and a request for reconsideration of the ad hoc Committee’s decision of August 30, 2022. |
February 3, 2023 | The Sultanate of Oman files a response to Attila Doğan Construction & Installation Co. Inc.’s observations of January 25, 2023. |
February 15, 2023 | Attila Doğan Construction & Installation Co. Inc. files further observations on the Sultanate of Oman’s request of January 13, 2023. |
March 10, 2023 | The ad hoc Committee issues a decision concerning the Sultanate of Oman’s request of January 13, 2023 and Attila Doğan Construction & Installation Co. Inc.’s requests of January 25, 2023. |
June 20, 2023 | The Sultanate of Oman files a renewed request for the termination of the proceeding. |
July 5, 2023 | Attila Doğan Construction & Installation Co. Inc. files observations on the Sultanate of Oman’s request of June 20, 2023. |
July 17, 2023 | The Sultanate of Oman files a response to Attila Doğan Construction & Installation Co. Inc.’s observations of July 5, 2023. |
July 26, 2023 | Attila Doğan Construction & Installation Co. Inc. files further observations on the Sultanate of Oman’s request of June 20, 2023. |
August 1, 2023 | The ad hoc Committee issues a decision concerning the Sultanate of Oman’s request of June 20, 2023. |
September 27, 2023 | Attila Doğan Construction & Installation Co. Inc. files a proposal for disqualification of the three members of the ad hoc Committee. |
October 12, 2023 | The Sultanate of Oman files observations on the proposal for disqualification. |
October 27, 2023 | Attila Doğan Construction & Installation Co. Inc. files additional observations on the proposal for disqualification. |
November 3, 2023 | The Sultanate of Oman files additional observations on the proposal for disqualification. |
March 6, 2024 | The proposal for disqualification of the three members of the ad hoc Committee is declined by the Chairman of the Administrative Council. |
September 18, 2024 | The Acting Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 16(2)(c). |