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.
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Claimant(s)
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June 2, 2023
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July 4, 2023
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Loretta MALINTOPPI (Italian)
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Quinn Emanuel Urquhart & Sullivan, New York, NY, U.S.A. and London, U.K.
TK Partners, Yerevan, Armenia -
Office of the Representative of the Republic of Armenia on International Legal Matters, Government of Armenia, Yerevan, Armenia
Alliance Law Partners, Washington, D.C., U.S.A.
Frederic Sourgens, Washburn University, Topeka, KS, U.S.A. -
English
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Pending
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September 21, 2023 -
The Republic of Armenia files a rejoinder on Rasia FZE and Joseph K. Borkowski’s request to continue the stay of enforcement of the award.
(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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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. |
(b) Annulment Proceeding
Date | Development |
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June 2, 2023 | The Secretary-General registers an application for annulment of the award filed by Rasia FZE and Joseph K. Borkowski and notifies the parties of the provisional stay of enforcement of the award. |
July 4, 2023 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Loretta Malintoppi (Italian), President; Adedoyin Rhodes-Vivour (Nigerian); Hi-Taek Shin (Korean); all members appointed by the Chairman of the Administrative Council. |
July 18, 2023 | Rasia FZE and Joseph K. Borkowski file a request for the ad hoc Committee to decide on the admissibility of new evidence and a request to continue the stay of enforcement of the award. |
July 25, 2023 | The Republic of Armenia files observations on the Rasia FZE and Joseph K. Borkowski’s requests of July 18, 2023. |
August 1, 2023 | Rasia FZE and Joseph K. Borkowski file further observations on their request for the ad hoc Committee to decide on the admissibility of new evidence. |
August 6, 2023 | Rasia FZE and Joseph K. Borkowski file further observations on their request to continue the stay of enforcement of the award. |
August 8, 2023 | The Republic of Armenia files a response on the Rasia FZE and Joseph K. Borkowski’s observations of August 1 and 6, 2023. |
August 9, 2023 | The Committee holds a first session by videoconference. |
August 23, 2023 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
August 24, 2023 | Rasia FZE and Joseph K. Borkowski file a memorial on annulment. |
August 24, 2023 | The Republic of Armenia files observations on Rasia FZE and Joseph K. Borkowski’s request to continue the stay of enforcement of the award. |
August 29, 2023 | The ad hoc Committee issues a Procedural Order No. 2 concerning the admissibility of new evidence. |
September 8, 2023 | Rasia FZE and Joseph K. Borkowski file a reply on the continuation of the stay of enforcement of the award. |
September 21, 2023 | The Republic of Armenia files a rejoinder on Rasia FZE and Joseph K. Borkowski’s request to continue the stay of enforcement of the award. |