Case Details
Big Sky Energy Corporation v. Republic of Kazakhstan (ICSID Case No. ARB/17/22)
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Oil and gas exploration and production
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Oil, Gas & Mining
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BIT United States of America - Kazakhstan 1992
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ICSID Convention - Arbitration Rules
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Big Sky Energy Corporation (U.S.)
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Republic of Kazakhstan (Kazakhstani)
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July 7, 2017
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January 29, 2018
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Bernardo M. CREMADES (Spanish) - Appointed by the Chairman of the Administrative Council
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Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Peter TOMKA (Slovak) - Appointed by the Respondent(s) -
Michael J. MOSER (Austrian) - Appointed by the Parties
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Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s) -
April 4, 2018: Bernardo M. CREMADES (Spanish) appointed following the resignation of Michael J. MOSER (Austrian)
June 18, 2018: Peter TOMKA (Slovak) appointed following the disqualification of Rolf KNIEPER (German) -
Fietta, London, U.K.
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Reed Smith, Astana, Kazakhstan and London, U.K.
Samuel Wordsworth, Essex Court Chambers, London, U.K.
Paul Choon Kiat Wee, 3 Verulam Buildings, London, U.K. -
English
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Concluded
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November 24, 2021 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on the Request for Bifurcation (English;)
Award of the Tribunal (English;)
(a) Original Proceeding
Date | Development |
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July 7, 2017 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 26, 2017 | Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator. |
October 9, 2017 | Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator. |
November 27, 2017 | The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention. |
January 29, 2018 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Michael Moser (Austrian), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Rolf Knieper (German), appointed by the Respondent. |
January 29, 2018 | Following appointment by agreement of the parties, Michael Moser (Austrian) accepts his appointment as presiding arbitrator. |
January 30, 2018 | The Claimant files a proposal for disqualification of arbitrator Rolf Knieper. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
February 26, 2018 | The Respondent files observations on the proposal for disqualification. |
February 27, 2018 | Following the resignation of arbitrator Michael Moser, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2). |
April 4, 2018 | Following the resignation of arbitrator Michael Moser, Bernardo Cremades (Spain) accepts his appointment as President of the Tribunal by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(2). |
April 4, 2018 | The Tribunal is reconstituted. Its members are Bernardo M. Cremades (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(1); Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Rolf Knieper (German) appointed by the Respondent. |
April 9, 2018 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
April 19, 2018 | The Claimant files further observations on the proposal for disqualification. |
May 3, 2018 | The proposal for disqualification of arbitrator Rolf Knieper is upheld by the co-arbitrators. The Secretary-General notifies the parties of a vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2). |
June 15, 2018 | Following the disqualification of arbitrator Rolf Knieper, Peter Tomka (Slovak) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). |
June 18, 2018 | The Tribunal is reconstituted. Its members are Bernardo M. Cremades (Spanish), President; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Peter Tomka (Slovak) appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
July 13, 2018 | The Tribunal holds a first session by telephone conference. |
July 17, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
September 21, 2018 | The Claimant files a memorial on the merits. |
October 4, 2018 | The Respondent files a request for the production of documents. |
October 12, 2018 | The Claimant files observations on the Respondent’s request for the production of documents. |
October 17, 2018 | The Respondent files a response to the Claimant’s observations of October 12, 2018. |
October 18, 2018 | The Claimant files further observations on the Respondent’s response of October 17, 2018. |
October 19, 2018 | The Respondent files a request to address an objection to jurisdiction as a preliminary question. |
October 23, 2018 | The Tribunal issues Procedural Order No. 2 concerning the production of documents. |
November 2, 2018 | The Claimant files observations on the Respondent’s request to address an objection to jurisdiction as a preliminary question. |
December 5, 2018 | The Tribunal decides on the Respondent’s request to address an objection to jurisdiction as a preliminary question; as a result, the objection to jurisdiction is joined to the merits of the dispute. |
March 29, 2019 | The Respondent files a memorial on jurisdiction and a counter-memorial on the merits and quantum. |
May 10, 2019 | Each party files a request for the Tribunal to decide on production of documents. |
May 22, 2019 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
July 5, 2019 | The Claimant files a request for the Tribunal to decide on production of documents. |
July 8, 2019 | The Respondent files a request for the Tribunal to decide on production of documents. |
July 15, 2019 | The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents. |
July 16, 2019 | The Tribunal issues a decision on the Claimant’s request to decide on production of documents. |
July 19, 2019 | The Claimant files a counter-memorial on preliminary objections and a reply on the merits. |
July 26, 2019 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
July 26, 2019 | The Claimant files a request for reconsideration of the Tribunal’s decision of July 16, 2019. |
July 30, 2019 | The Tribunal issues a decision on the Respondent’s request to decide on production of documents and a decision on the Claimant’s request of July 26, 2019. |
December 20, 2019 | The Respondent files a reply on jurisdiction and a rejoinder on the merits and quantum. |
February 7, 2020 | The Claimant files a rejoinder on preliminary objections. |
February 28, 2020 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
February 28, 2020 | The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing. |
October 19, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
October 21, 2020 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
October 22, 2020 | The Respondent files observations on the Claimant’s request of October 21, 2020 and the Claimant files observations the Respondent’s request of October 19, 2020. |
October 22, 2020 | The Tribunal issues a decision on the admissibility of new evidence. |
December 15, 2020 | The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing. |
January 4, 2021 - January 12, 2021 | The Tribunal holds a hearing on jurisdiction, the merits and quantum by videoconference. |
February 9, 2021 | Each party files a statement of costs. |
November 24, 2021 | The Tribunal renders its award. |