Case Details

Bursel Tekstil Sanayi Ve Diş Ticaret A.Ş., Burhan Enuştekin and Selim Kaptanoğlu v. Republic of Uzbekistan (ICSID Case No. ARB/17/24)

Subject of Dispute:

Textile Enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Turkey - Uzbekistan 1992 - Investment Law - Uzbekistan (1998)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Bursel Tekstil Sanayi Ve Dis Ticaret A.S. (Turkish), Selim Kaptanoglu (Turkish), Burhan Enustekin (Turkish)
Respondent(s):

Republic of Uzbekistan (Uzbek)
Date Registered:

July 19, 2017
Date of Constitution of Tribunal:

January 29, 2018

Composition of Tribunal

President:

Vaughan LOWE (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Baspinar & Partners Law Firm, Istanbul, Turkey
Freshfields Bruckhaus Deringer - Paris, France
Respondent(s):

Ministry of Justice, Tashkent, Uzbekistan
White & Case, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 16, 2021 - The Tribunal issues Procedural Order No. 4 concerning production of documents.

No References Available.

(a) Original Proceeding

Date	Development
July 19, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
October 24, 2017	Following appointment by the Claimants, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
October 24, 2017	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
January 29, 2018	Following appointment by the Chairman of the Administrative Council, Vaughan Lowe (British) accepts his appointment as presiding arbitrator.
January 29, 2018	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Vaughan Lowe (British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Bernard Hanotiau (Belgian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
April 26, 2018	The Tribunal holds a first session in Paris.
May 11, 2018	The Tribunal issues Procedural Order No. 1 on procedural matters.
August 21, 2018	The Claimants file a memorial on the merits.
October 3, 2018	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
October 31, 2018	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
November 14, 2018	The Tribunal issues Procedural Order No. 2 on Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
February 2, 2019	The Respondent files a memorial on jurisdiction.
April 16, 2019	The Claimants file a counter-memorial on jurisdiction and request for production documents.
April 30, 2019	The Respondent files observations on Claimants’ request of April 16 and requests permission to file a Reply on jurisdiction.
May 3, 2019	The Claimants file a response to Respondent’s observations of April 30, 2019.
May 6, 2019	The Respondent files a response to Claimants’ observations of May 3, 2019.
May 6, 2019	The Tribunal decides on production of documents.
May 10, 2019	The Claimants file observations on Respondent’s request of April 30, 2019.
May 15, 2019	The Respondent files a response to Claimants’ observations of May 13, 2019.
May 23, 2019	The Tribunal decides on Respondent’s request of April 30, 2019.
June 17, 2019	The Respondent files a reply on jurisdiction.
July 10, 2019	The Claimants file a rejoinder on jurisdiction.
August 29, 2019	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
September 19, 2019 - September 20, 2019	The Tribunal holds a hearing on preliminary objections and provisional measures in Paris.
October 14, 2019	Each party files a submission on costs.
April 22, 2020	The Tribunal issues a decision on preliminary objections and provisional measures.
November 25, 2020	The Respondent files a counter-memorial on the merits.
March 5, 2021	Following exchanges between the parties, both parties file a request for the Tribunal to decide on production of documents.
March 16, 2021	The Tribunal issues Procedural Order No. 4 concerning production of documents.