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)
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Textile Enterprise
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Other Industry
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BIT Türkiye - Uzbekistan 1992 - Investment Law - Uzbekistan (1998)
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ICSID Convention - Arbitration Rules
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Bursel Tekstil Sanayi Ve Dis Ticaret A.S. (Turkish), Selim Kaptanoglu (Turkish), Burhan Enustekin (Turkish)
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Republic of Uzbekistan (Uzbek)
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July 19, 2017
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January 29, 2018
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Vaughan LOWE (British) - Appointed by the Chairman of the Administrative Council
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Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Baspinar & Partners Law Firm, Istanbul, Turkey
Beckett Law, New York, U.S.A. -
Ministry of Justice, Tashkent, Uzbekistan
White & Case, Washington, D.C., U.S.A. -
English
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Concluded
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October 10, 2024 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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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. |
May 26, 2021 | The Respondent files a request for the Tribunal to decide on confidentiality matters. |
May 27, 2021 | The Claimants file observations on the Respondent’s request of May 26, 2021. |
May 31, 2021 | The Respondent files a response to the Claimants’ observations of 27 May 2021. |
June 8, 2021 | The Tribunal issues Procedural Order No. 5 concerning confidentiality. |
June 29, 2021 | The Claimants file a reply on the merits. |
August 4, 2021 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
December 30, 2021 | The Respondent files a rejoinder on the merits. |
January 11, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
January 19, 2022 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
January 31, 2022 - February 9, 2022 | The Tribunal holds a hearing on the merits in Dubai. |
May 18, 2022 | The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
May 18, 2022 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
November 22, 2022 | The proceeding is resumed following payment of the required advances. |
January 31, 2023 | The Respondent files a request for security for costs. |
February 23, 2023 | The Claimants file observations on the Respondent’s request for security for costs. |
March 10, 2023 | The Respondent files a response to the Claimants’ observations of February 23, 2023. |
March 20, 2023 | The Claimants file a response to the Respondent’s observations of March 10, 2023. |
April 13, 2023 | The Tribunal issues Procedural Order No. 8 concerning security for costs. |
September 8, 2023 | The President holds a pre-hearing organizational meeting with the parties by video conference. |
September 25, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
September 26, 2023 | The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing. |
September 27, 2023 | The Respondent files observations on the Claimants’ request of September 25, 2023. |
September 29, 2023 | The Tribunal issues a decision on the admissibility of new evidence. |
October 2, 2023 - October 5, 2023 | The Tribunal holds a hearing on the merits and quantum in Washington, D.C. |
August 15, 2024 | The Respondent files a submission on cost. |
August 16, 2024 | The Claimants file a submission on cost. |
October 10, 2024 | The Tribunal renders its award. |