Case Details

Lotus Holding Anonim Şirketi v. Turkmenistan (ICSID Case No. ARB/17/30)

Subject of Dispute:

Energy
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Turkmenistan - Türkiye 1992 - ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Lotus Holding Anonim Sirketi (Turkish)
Respondent(s):

Turkmenistan (Turkmen)
Date Registered:

August 22, 2017
Date of Constitution of Tribunal:

April 5, 2018

Composition of Tribunal

President:

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

James H. BOYKIN (U.S.) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Butzel Long, Washington, D.C., U.S.A.
Egemenoglu Law Firm, Istanbul, Turkey
Respondent(s):

Squire Patton Boggs (US), New York, NY, U.S.A.
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 6, 2020 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
August 22, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
October 25, 2017	Following appointment by the Claimant, James H. Boykin (U.S.) accepts his appointment as arbitrator.
November 27, 2017	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
November 28, 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.
April 5, 2018	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Vaughan Lowe (British) accepts his appointment as presiding arbitrator.
April 5, 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; James H. Boykin (U.S.), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
May 4, 2018	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
May 30, 2018	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
June 8, 2018	The Respondent files a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
June 17, 2018	The Claimant files a rejoinder on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
August 13, 2018	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
May 20, 2019	The proceeding is resumed following payment of the required advance.
June 27, 2019	The Respondent files renewed preliminary objections pursuant to ICSID Arbitration Rule 41(5).
August 1, 2019	The Claimant files observations on the Respondent’s renewed preliminary objections pursuant to ICSID Arbitration Rule 41(5).
August 22, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
September 17, 2019	The Tribunal holds a hearing on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) in Paris.
October 4, 2019	Each party files a submission on costs related to the Respondent’s ICSID Arbitration Rule 41(5) application.
October 4, 2019	The tribunal issues Procedural Order No. 1 concerning procedural matters.
April 6, 2020	The Tribunal renders its award.