Case Details

Rasia FZE and Joseph K. Borkowski v. Republic of Armenia (ICSID Case No. ARB/18/28)

Subject of Dispute:

Railway construction project; highway construction project
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT United States of America - Armenia 1992 - Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Rasia FZE (Emiri), Joseph K. Borkowski (U.S.)
Respondent(s):

Republic of Armenia (Armenian)
Date Registered:

August 3, 2018
Date of Constitution of Tribunal:

January 23, 2019

Composition of Tribunal

President:

Jean Engelmayer KALICKI (U.S.) - Appointed by Co-Arbitrators
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan, New York, NY, U.S.A. and London, U.K.
Respondent(s):

Baker McKenzie, New York, NY, U.S.A.
HAP LLC, Yerevan, Armenia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 20, 2023 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
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.