Case Details
Edmond Khudyan and Arin Capital & Investment Corp. v. Republic of Armenia (ICSID Case No. ARB/17/36)
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Real estate and land development
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Construction
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BIT United States of America - Armenia 1992
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ICSID Convention - Arbitration Rules
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Arin Capital & Investment Corp. (U.S.), Edmond Khudyan (U.S.)
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Republic of Armenia (Armenian)
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September 27, 2017
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March 15, 2018
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Melanie VAN LEEUWEN (Dutch) - Appointed by the Parties
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Ank SANTENS (Belgian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s) -
Hughes Hubbard & Reed, Washington, D.C., U.S.A.
ELL Partnership, Yerevan, Armenia -
Steptoe & Johnson, Washington, D.C., U.S.A.
Concern Dialog Law Firm, Yerevan, Armenia
Yeghishe Kirakosyan -
English
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Concluded
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December 15, 2021 - The Tribunal renders its award.
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Claimant(s)
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April 13, 2022 (Claimant(s))
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June 1, 2022
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Christopher GREENWOOD (British)
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Hughes Hubbard & Reed, Washington, D.C., U.S.A.
Redbridge, Yerevan, Armenia -
Steptoe & Johnson, Washington, D.C., U.S.A.
Office of the Representative of the Republic of Armenia on International Legal Matters, Yerevan, Armenia
Frédéric Sourgens -
English
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Pending
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February 15, 2023 - The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
(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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September 27, 2017 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
December 26, 2017 | Following appointment by the Claimants, Ank Santens (Belgian) accepts her appointment as arbitrator. |
January 18, 2018 | Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator. |
March 15, 2018 | Following appointment by agreement of the parties upon the co-arbitrators' proposal, Mélanie Van Leeuwen (Dutch) accepts her appointment as presiding arbitrator. |
March 15, 2018 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Mélanie Van Leeuwen (Dutch) President, appointed by agreement of the parties from a list of candidates proposed by the co-arbitrators; Ank Santens (Belgian), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent. |
April 24, 2018 | The Tribunal holds a first session by telephone. |
June 7, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 12, 2018 | The Respondent files an application for disqualification of a counsel. |
July 20, 2018 | The Claimants file a memorial on the merits. |
July 27, 2018 | The Claimants file observations on the application for disqualification of a counsel. |
August 10, 2018 | The Respondent files a response to the Claimants’ observations of July 27, 2018. |
August 17, 2018 | The Claimants file further observations on the Respondent’s response of August 10, 2018. |
August 31, 2018 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
September 17, 2018 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
October 1, 2018 | The Tribunal decides on the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
December 5, 2018 | The Tribunal issues Procedural Order No. 2 concerning the Respondent’s application for disqualification of a counsel. |
December 5, 2018 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
February 28, 2019 | The Respondent files a counter-memorial on jurisdiction and the merits. |
May 13, 2019 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
July 1, 2019 | The Claimants file a reply on jurisdiction and the merits. |
July 11, 2019 | The Claimants file an application to submit a corrected reply on jurisdiction and merits. |
July 31, 2019 | The Tribunal decides on the Claimants’ application of July 11, 2019. |
November 15, 2019 | The Respondent files a rejoinder on jurisdiction and the merits. |
December 11, 2019 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
January 16, 2020 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
January 20, 2020 - January 24, 2020 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
March 2, 2020 | Each party files a post-hearing brief. |
July 6, 2021 | Each party files a submission on costs. |
December 3, 2021 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
December 15, 2021 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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April 13, 2022 | The Secretary-General registers an application for partial annulment of the award filed by Edmond Khudyan and notifies the parties of the provisional stay of enforcement of the award. |
June 1, 2022 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Christopher Greenwood (British), President; Tina M. Cicchetti (Canadian/Italian) and Ucheora Onwuamaegbu (British/Nigerian); all members appointed by the Chairman of the Administrative Council. |
July 20, 2022 | The ad hoc Committee holds a first session by video conference. |
July 27, 2022 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
July 27, 2022 | Edmond Khudyan files a memorial on annulment. |
July 27, 2022 | Edmond Khudyan files a request to continue the stay of enforcement of the award. |
August 18, 2022 | The Republic of Armenia files observations on Edmond Khudyan’s request to continue the stay of enforcement of the award. |
August 26, 2022 | Edmond Khudyan files a response to Republic of Armenia’s observations of August 18, 2022. |
September 7, 2022 | The Republic of Armenia files a rejoinder on Edmond Khudyan’s request to continue the stay of enforcement of the award. |
November 4, 2022 | Edmond Khudyan files a reply on Annulment. |
December 19, 2022 | The Republic of Armenia files a rejoinder on annulment. |
February 15, 2023 | The ad hoc Committee holds a pre-hearing conference with the Parties by videoconference. |
February 15, 2023 | The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing. |