Case Details

AS Windoor v. Republic of Kazakhstan (ICSID Case No. ARB/18/32)

Subject of Dispute:

Real estate project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Kazakhstan - Estonia 2011
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

AS Windoor (Estonian)
Respondent(s):

Republic of Kazakhstan (Kazakhstani)
Date Registered:

September 28, 2018
Date of Constitution of Tribunal:

May 3, 2019

Composition of Tribunal

President:

Bruno SIMMA (Austrian, German) - Appointed by the Parties
Arbitrators:

Stephan SCHILL (German) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Jones Day, Washington, D.C., U.S.A. and London, U.K.
Sorainen, Tallin, Estonia
Respondent(s):

Curtis Mallet-Prevost, Colt & Mosle, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 24, 2025 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Brigitte Stern.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

May 28, 2025
Date of Constitution of ad hoc Committee:

July 7, 2025

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

President:

David A. PAWLAK (Irish, U.S.)
Members:

Seung Wha CHANG (Korean)
Dmitri EVSEEV (British, Russian, U.S.)

Party Representatives

Claimant(s):

Baiju Vasani, London, U.K.
Three Crowns, Washington, D.C., U.S.A.
Sorainen, Tallin, Estonia
Alexey Buktiarov, Toronto, Canada
Respondent(s):

Curtis Mallet-Prevost, Colt & Mosle, Paris, France and Astana, Kazakhstan
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

December 3, 2025 - The Republic of Kazakhstan files a memorial on annulment.

No References Available.

(a) Original Proceeding

Date	Development
September 28, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
December 28, 2018	Following appointment by the Claimant, Stephan Schill (German) accepts his appointment as arbitrator.
January 7, 2019	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
May 3, 2019	Following appointment by agreement of the parties, Bruno Simma (Austrian/German) accepts his appointment as presiding arbitrator.
May 3, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bruno Simma (Austrian/German), President, appointed by agreement of the parties; Stephan Schill (German), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
July 2, 2019	The Tribunal holds a first session by telephone conference.
July 19, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 24, 2019	The Claimant files a memorial on the merits.
February 5, 2020	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
April 28, 2020	Each party files observations on the other party’s request for the Tribunal to decide on production of documents.
May 19, 2020	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 28, 2020	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
November 30, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
January 11, 2021	The Claimant files a rejoinder on jurisdiction (part 1).
February 25, 2021	The Claimant files a rejoinder on jurisdiction (part 2).
April 13, 2021	The Respondent files a sur-reply on jurisdiction.
May 20, 2021	The Tribunal issues Procedural Order No. 3 concerning production of documents.
June 3, 2021	The Claimant files a sur-rejoinder on jurisdiction.
June 22, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
June 25, 2021	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
July 1, 2021	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
July 13, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 22, 2021	The Tribunal issues Procedural Order No. 6 concerning production of documents.
July 23, 2021 - July 30, 2021	The Tribunal holds a hearing on jurisdiction and the merits by videoconference.
August 5, 2021	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
August 31, 2021	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
September 22, 2021	The Tribunal holds a case management conference by video conference.
October 15, 2021	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
December 7, 2021	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
December 10, 2021	The Tribunals holds a case management conference by videoconference.
December 15, 2021	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
January 31, 2022	Each party files a post-hearing brief.
February 14, 2022	Each party files a submission on costs.
August 6, 2024	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
December 20, 2024	Each party files a supplementary submission on costs.
January 24, 2025	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Brigitte Stern.

(b) Annulment Proceeding

Date	Development
May 28, 2025	The Acting Secretary-General registers an application for annulment of the award filed by the Republic of Kazakhstan and notifies the parties of the provisional stay of enforcement of the award.
July 7, 2025	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: David A. Pawlak ((Irish/U.S.), President; Seung Wha Chang (Korean); and Dmitri Evseev (Russian/British/U.S.); all members appointed by the Chairman of the Administrative Council.
August 27, 2025	The ad hoc Committee holds a first session by video conference.
September 10, 2025	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
September 24, 2025	The Republic of Kazakhstan files a request to continue the stay of enforcement of the award.
October 15, 2025	AS Windoor files observations on the Republic of Kazakhstan’s request to continue the stay of enforcement of the award.
October 29, 2025	The Republic of Kazakhstan files a response to AS Windoor’s observations of October 15, 2025.
November 12, 2025	AS Windoor files a response to the Republic of Kazakhstan’s observations of October 29, 2025.
December 3, 2025	The Republic of Kazakhstan files a memorial on annulment.