Case Details

Ipek Investment Limited v. Republic of Türkiye (ICSID Case No. ARB/18/18)

Subject of Dispute:

Mining enterprise, Telecommunications enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Türkiye - United Kingdom of Great Britain and Northern Ireland 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Ipek Investment Limited (British)
Respondent(s):

Republic of Türkiye (Turkish)
Date Registered:

May 29, 2018
Date of Constitution of Tribunal:

September 19, 2018

Composition of Tribunal

President:

Campbell Alan MC LACHLAN (New Zealand) - Appointed by Co-Arbitrators
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Laurent LÉVY (Brazilian, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Latham & Watkins, London, U.K.
Respondent(s):

Savings Deposit Insurance Fund, Istanbul, Republic of Türkiye
Head of Legal Services, Prime Ministry, Ankara, Republic of Türkiye
King & Spalding International, London, U.K.
Lexist, Istanbul, Republic of Türkiye
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 8, 2022 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1 (English;)

Procedural Order No. 2 (English;)

Procedural Order No. 3 (English;)

Procedural Order No. 4 (English;)

Procedural Order No. 5 on Claimant’s Request for Provisional Measures (English;)

Procedural Order No. 6 (English;)

Procedural Order No. 7 (English;)

Procedural Order No. 9 (English;)

Procedural Order No. 10 (English;)

Procedural Order No. 11 on Use of Arbitration Materials (English;)

Procedural Order No. 12 (English;)

Procedural Order No. 13 on Confidentiality (English;)

Procedural Order No. 14 (English;)

Procedural Order No. 15 (English;)

Procedural Order No. 16 (English;)

Procedural Order No. 17 (English;)

Procedural Order No. 18 (English;)

Procedural Order No. 19 (English;)

Procedural Order No. 20 (English;)

Procedural Order No. 21 (English;)

Procedural Order No. 22 (English;)

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
May 29, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
August 1, 2018	Following appointment by the Claimant, L. Yves Fortier (Canadian) accepts his appointment as arbitrator.
August 7, 2018	Following appointment by the Respondent, Laurent Lévy (Brazilian/Swiss) accepts his appointment as arbitrator.
September 19, 2018	Following appointment by his co-arbitrators, Campbell McLachlan (New Zealand) accepts his appointment as presiding arbitrator.
September 19, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Campbell McLachlan (New Zealand), President, appointed by his co-arbitrators; L. Yves Fortier (Canadian), appointed by the Claimant; and Laurent Lévy (Brazilian/Swiss), appointed by the Respondent.
November 10, 2018	The Tribunal holds a first session in Paris.
November 15, 2018	The Claimant files a request for provisional measures.
November 19, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 21, 2018	The Respondent files an application for security for costs.
December 21, 2018	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
March 1, 2019	The Respondent files observations to the Claimant’s request for provisional measures.
March 8, 2019	The Claimant files observations on the Respondent’s application for security for costs.
March 13, 2019	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
April 12, 2019	The Respondent files a memorial on jurisdiction.
May 16, 2019	The Respondent files a reply on the application for security for costs.
May 16, 2019	The Claimant files a reply to the request for provisional measures.
June 28, 2019	The Claimant files a rejoinder on the application for security for costs.
June 28, 2019	The Respondent files a rejoinder to the request for provisional measures.
July 16, 2019	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 24, 2019 - July 26, 2019	The Tribunal holds a hearing on provisional measures and security for costs in London.
August 12, 2019	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
September 5, 2019	The Claimant files a counter-memorial on jurisdiction.
September 19, 2019	The Tribunal issues Procedural Order No. 5 concerning provisional measures.
October 13, 2019	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
October 14, 2019	The Tribunal issues Procedural Order No. 7 concerning security for costs.
November 15, 2019	The Tribunal issues Procedural Order No. 8 concerning production of documents.
December 24, 2019	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
February 8, 2020	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
February 21, 2020	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
March 5, 2020	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
March 13, 2020	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
March 25, 2020	The Tribunal issues Procedural Order No. 14 concerning procedural matters.
March 31, 2020	The Tribunal issues Procedural Order No. 15 concerning procedural matters.
April 3, 2020	The Respondent files a reply on jurisdiction.
April 22, 2020	The Tribunal issues Procedural Order No. 16 concerning procedural matters.
March 1, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 8, 2021	The Claimant files observations on the Respondent’s request of March 1, 2021.
March 17, 2021	The Tribunal issues Procedural Order No. 17 concerning the admissibility of new evidence.
April 22, 2021	The Tribunal holds a case management conference with the parties by video conference.
May 28, 2021	The Tribunal issues Procedural Order No. 18 concerning procedural matters.
May 30, 2021	The Tribunal issues Procedural Order No. 19 concerning procedural matters.
June 22, 2021	The Tribunal issues Procedural Order No. 20 concerning procedural matters.
June 28, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
July 8, 2021	The Tribunal issues Procedural Order No. 21 concerning procedural matters.
July 19, 2021 - July 23, 2021	The Tribunal holds a hearing on jurisdiction by video conference.
July 26, 2021 - July 27, 2021	The Tribunal holds a hearing on jurisdiction by video conference.
September 27, 2021 - September 28, 2021	The Tribunal holds a continuation of the hearing on jurisdiction by video conference.
November 1, 2021	Each party files a submission on costs.
April 29, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 16, 2022	The Claimant files observations on the Respondent’s request of date April 29, 2022.
May 26, 2022	The Tribunal issues Procedural Order No. 22 concerning the admissibility of new evidence.
December 8, 2022	The Tribunal renders its award.