Case Details
Rasia FZE and Joseph K. Borkowski v. Republic of Armenia (ICSID Case No. ARB/18/28)
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Railway construction project; highway construction project
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Transportation
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BIT United States of America - Armenia 1992 - Contract
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ICSID Convention - Arbitration Rules
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Rasia FZE (Emiri), Joseph K. Borkowski (U.S.)
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Republic of Armenia (Armenian)
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August 3, 2018
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January 23, 2019
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Jean Engelmayer KALICKI (U.S.) - Appointed by Co-Arbitrators
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John BEECHEY (British) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s) -
Quinn Emanuel Urquhart & Sullivan, New York, NY, U.S.A. and London, U.K.
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Baker McKenzie, New York, NY, U.S.A.
HAP LLC, Yerevan, Armenia -
English
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Concluded
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January 20, 2023 - 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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August 3, 2018 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 12, 2018 | Following appointment by the Claimants, John Beechey (British) accepts his appointment as arbitrator. |
November 12, 2018 | Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator. |
January 23, 2019 | Following appointment by her co-arbitrators in consultation with the parties, Jean Kalicki (U.S.) accepts her appointment as presiding arbitrator. |
January 23, 2019 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jean Kalicki (U.S.), President, appointed by her co-arbitrators in consultation with the parties; John Beechey (British), appointed by the Claimants; and J. Christopher Thomas (Canadian), appointed by the Respondent. |
March 4, 2019 | The Tribunal holds a first session by telephone conference. |
March 13, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
June 7, 2019 | The Claimants file a memorial on the merits. |
December 9, 2019 | The Respondent files a counter-memorial on the merits. |
February 26, 2020 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
April 27, 2020 | The Tribunal issues Procedural Order No. 3 concerning production of documents and appointment of local counsel. |
May 19, 2020 | The Claimants file a request for the Tribunal to decide on further production of documents. |
June 2, 2020 | The Tribunal decides on the further production of documents. |
July 10, 2020 | The Tribunal issues Procedural Order No. 4 concerning document production and the calling of witnesses. |
July 13, 2020 | The Respondent files a request for security for costs. |
July 24, 2020 | The Claimants file a reply on the merits. |
July 30, 2020 | The Claimants file observations on the Respondent’s request for security for costs. |
August 6, 2020 | The Respondent files a response to the Claimants’ observations of July 30, 2020. |
August 13, 2020 | The Claimants file a rejoinder on security for costs. |
August 19, 2020 | The Respondent files further comments on security for costs. |
August 26, 2020 | The Claimants file a response to the Respondent’s further comments of August 19, 2020. |
September 14, 2020 | The Tribunal issues Procedural Order No. 5 concerning security for costs. |
December 28, 2020 | The Respondent files a rejoinder on the merits. |
January 20, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
January 27, 2021 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
February 1, 2021 | The Respondent files observations on the Claimants’ request of January 27, 2021. |
February 2, 2021 | The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
February 3, 2021 | The Claimants file a response to the Respondent’s observations of February 1, 2021. |
February 5, 2021 | The Respondent files further observations on the Claimants’ request for the Tribunal to decide on the admissibility of new evidence. |
February 6, 2021 | The Tribunal issues Procedural Order No. 7 concerning the admissibility of new evidence. |
February 11, 2021 | The Tribunal issues Procedural Order No. 8 concerning the admissibility of new evidence. |
February 16, 2021 - February 26, 2021 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
April 19, 2021 | Each party files a post-hearing brief. |
April 19, 2021 | The Tribunal issues Procedural Order No. 9 concerning corrections to the transcripts. |
April 24, 2021 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
April 24, 2021 | The Respondent files observations on the Claimants’ request of April 24, 2021. |
April 25, 2021 | The Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence. |
April 26, 2021 - April 27, 2021 | The Tribunal holds a continued hearing on jurisdiction and the merits by video conference. |
June 28, 2021 | Each party files a reply post-hearing brief. |
July 19, 2021 | Each party files a submission on costs. |
January 20, 2023 | The Tribunal renders its award. |