Case Details

Edmond Khudyan and Arin Capital & Investment Corp. v. Republic of Armenia (ICSID Case No. ARB/17/36)

Subject of Dispute:

Real estate and land development
Economic Sector:

Construction
Instrument(s) Invoked:

BIT United States of America - Armenia 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Arin Capital & Investment Corp. (U.S.), Edmond Khudyan (U.S.)
Respondent(s):

Republic of Armenia (Armenian)
Date Registered:

September 27, 2017
Date of Constitution of Tribunal:

March 15, 2018

Composition of Tribunal

President:

Melanie VAN LEEUWEN (Dutch) - Appointed by the Parties
Arbitrators:

Ank SANTENS (Belgian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hughes Hubbard & Reed, Washington, D.C., U.S.A.
ELL Partnership, Yerevan, Armenia
Respondent(s):

Steptoe & Johnson, Washington, D.C., U.S.A.
Concern Dialog Law Firm, Yerevan, Armenia
Yeghishe Kirakosyan
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 15, 2021 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

April 13, 2022 (Claimant(s))
Date of Constitution of ad hoc Committee:

June 1, 2022

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Christopher GREENWOOD (British)
Members:

Tina M. CICCHETTI (Canadian, Italian)
Ucheora ONWUAMAEGBU (British, Nigerian)

Party Representatives

Claimant(s):

Hughes Hubbard & Reed, Washington, D.C., U.S.A.
Redbridge, Yerevan, Armenia
Respondent(s):

Alliance Law Partners, Washington D.C., U.S.A.
Office of the Representative of the Republic of Armenia on International Legal Matters, Yerevan, Armenia
Frédéric Sourgens
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 21, 2023 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Procedural Order No. 2 – Decision on Application to Remove Counsel (English;)

Procedural Order No. 3 – Decision on Request for Bifurcation (English;)

Award (excerpts)

Available on the ICSID Website

Award (excerpts) (December 15, 2021) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment (excerpts)

Available on the ICSID Website

Decision on Annulment (excerpts) (July 21, 2023) English (Original)

(a) Original Proceeding

Date	Development
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
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	Edmond Khudyan files a request to continue the stay of enforcement of the award.
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.
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.
April 4, 2023	The ad hoc Committee holds a hearing on annulment in Washington D.C.
May 8, 2023	Each party files a statement of costs.
July 14, 2023	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
July 21, 2023	The ad hoc Committee issues its decision on annulment.