Case Details
Dirk Herzig as Insolvency Administrator over the Assets of Unionmatex Industrieanlagen GmbH v. Turkmenistan (ICSID Case No. ARB/18/35)
-
Construction project
-
Construction
-
BIT Germany - Turkmenistan 1997
-
ICSID Convention - Arbitration Rules
-
Dirk Herzig as Insolvency Administrator over the Assets of Unionmatex Industrieanlagen GmbH (German)
-
Turkmenistan (Turkmen)
-
October 12, 2018
-
February 19, 2019
-
Lucy REED (U.S.) - Appointed by Co-Arbitrators
-
Nathalie VOSER (Swiss) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s) -
Gleiss Lutz, Stuttgart, Germany
Schultze & Braun GmbH, Achern, Germany -
Katten Muchin Rosenman, New York, NY, U.S.A.
Squire Patton Boggs (US), New York, NY, U.S.A. -
English
-
Concluded
-
November 30, 2023 -
The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Date | Development |
---|---|
October 12, 2018 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
January 8, 2019 | Following appointment by the Claimant, Nathalie Voser (Swiss) accepts her appointment as arbitrator. |
January 16, 2019 | Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator. |
February 19, 2019 | Following appointment by her co-arbitrators in consultation with the parties, Lucy Reed (U.S.) accepts her appointment as presiding arbitrator. |
February 19, 2019 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Lucy Reed (U.S.), President, appointed by her co-arbitrators in consultation with the parties; Nathalie Voser (Swiss), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent. |
March 29, 2019 | The Tribunal holds a first session by telephone conference. |
April 26, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 16, 2019 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
July 31, 2019 | The Claimant files a memorial on jurisdiction and the merits. |
August 20, 2019 | The Respondent files a request for security for costs. |
September 13, 2019 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
September 30, 2019 | The Claimant files observations on the Respondent’s request for security for costs. |
October 11, 2019 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
October 18, 2019 | The Respondent files a response to the Claimant’s observations of September 30, 2019. |
October 25, 2019 | The Claimant files a rejoinder on the Respondent’s request for security for costs. |
October 30, 2019 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
January 27, 2020 | The Tribunal issues a decision on security for costs and other matters. |
February 17, 2020 | The Claimant files a request for reconsideration of the Tribunal’s decision of January 27, 2020. |
February 21, 2020 | The Respondent files a request for the suspension of the proceedings. |
March 3, 2020 | The Respondent files observations on the Claimant’s request of February 17, 2020. |
March 4, 2020 | The Claimant files response to the Respondent’s observations of March 3, 2020. |
March 5, 2020 | The Respondent files observations on the Claimant’s response of March 4, 2020. |
March 9, 2020 | The Tribunal issues Procedural Order No. 4 and a decision on other matters. |
May 6, 2020 | The Claimant submits its proposed security for costs. |
May 20, 2020 | The Respondent files its observations on the Claimant’s May 6, 2020 submission and files a request for termination of the proceedings. |
June 1, 2020 | The Tribunal decides on the Claimant’s request for reconsideration and Respondent’s request for termination of the proceedings. |
June 9, 2020 | The Tribunal issues Procedural Order No. 5 concerning the Claimant’s request for reconsideration and Respondent’s request for termination of the proceedings. |
June 17, 2020 | The Respondent files an application to vacate Procedural Order No. 5. |
June 19, 2020 | The Claimant files observations on the Respondent’s application of June 17, 2020. |
July 9, 2020 | The Respondent files a response to the Claimant’s observations of June 19, 2020. |
July 13, 2020 | The Claimant files further observations on the Respondent’s application to vacate Procedural Order No. 5. |
July 18, 2020 | The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request to revoke Procedural Order No. 5. |
August 17, 2020 | The Respondent files a counter-memorial on jurisdiction and the merits. |
September 8, 2020 | The Tribunal holds a case management conference with the parties by telephone conference. |
September 28, 2020 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
October 19, 2020 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
October 26, 2020 | The Respondent files a response to the Claimant’s observations of October 19, 2020. |
November 2, 2020 | The Claimant files further observations on the request to address the objections to jurisdiction as a preliminary question. |
November 16, 2020 | The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
December 4, 2020 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
January 8, 2021 | The Tribunal issues Procedural Order No. 9 concerning the production of documents. |
February 26, 2021 | The Tribunal issues Procedural Order No. 10 concerning the production of documents. |
March 12, 2021 | The Respondent files a request for the reconsideration of Procedural Order No. 10. |
March 15, 2021 | The Claimant files observations on the Respondent’s request of March 12, 2021. |
March 18, 2021 | The Tribunal issues Procedural Order No. 11 concerning the Respondent’s request of March 12, 2021. |
April 16, 2021 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
June 28, 2021 | The Respondent files a request for the Tribunal to decide on production of documents. |
July 30, 2021 | The Tribunal issues Procedural Order No. 12 concerning the production of documents. |
August 20, 2021 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
August 27, 2021 | The Respondent files observations on the Claimant’s request of August 20, 2021. |
August 30, 2021 | The Tribunal issues Procedural Order No. 13 concerning the admissibility of new evidence. |
September 7, 2021 | The Tribunal holds a case management conference with the parties by telephone conference. |
October 7, 2021 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
October 25, 2021 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
November 1, 2021 | The Respondent files observations on the Claimant’s request of October 25, 2021. |
November 10, 2021 | The Tribunal issues Procedural order No. 14 concerning the admissibility of new evidence. |
December 10, 2021 | The Tribunal issues Procedural Order No. 15 concerning procedural matters. |
January 21, 2022 | The Claimant files a rejoinder on jurisdiction and counter-claims. |
May 17, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
May 24, 2022 | The Tribunal issues Procedural Order No. 16 concerning the organization of the hearing. |
June 7, 2022 - June 11, 2022 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
June 16, 2022 | The Tribunal issues Procedural Order No. 17 concerning procedural matters. |
November 7, 2022 | Each party submits a statement of costs. |
October 17, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 30, 2023 | The Tribunal renders its award. |