Case Details

Westwater Resources, Inc. v. Republic of Türkiye (ICSID Case No. ARB/18/46)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Türkiye - United States of America 1985
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Westwater Resources, Inc. (U.S.)
Respondent(s):

Republic of Türkiye (Turkish)
Date Registered:

December 21, 2018
Date of Constitution of Tribunal:

May 1, 2019

Composition of Tribunal

President:

Ian BINNIE (Canadian) - Appointed by Co-Arbitrators
Arbitrators:

Robert VOLTERRA (Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hughes Hubbard & Reed, Washington, D.C., U.S.A.
Respondent(s):

Directorate-General of Law and Legislation, Ankara, Republic of Türkiye
King & Spalding International, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 3, 2023 - The Tribunal renders its award.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

April 19, 2023

Party Representatives

Claimant(s):

Hughes Hubbard & Reed, New York, NY and Washington, D.C., U.S.A.
Respondent(s):

King & Spalding International, London, U.K.
King & Spalding, Washington, D.C. and New-York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 27, 2023 - The Tribunal issues a decision on the rectification of the award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (March 3, 2023) English (Original)

(a) Original Proceeding

Date	Development
December 21, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
January 21, 2019	Following appointment by the Claimant, Robert Volterra (Canadian) accepts his appointment as arbitrator.
March 4, 2019	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
May 1, 2019	Following appointment by his co-arbitrators, Ian Binnie (Canadian) accepts his appointment as presiding arbitrator.
May 1, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ian Binnie (Canadian), President, appointed by his co-arbitrators; Robert Volterra (Canadian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
July 17, 2019	The Tribunal holds a first session by telephone conference.
September 5, 2019	The Tribunal holds a preliminary procedural consultation with the parties by telephone conference.
September 9, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 27, 2020	The Claimant files a memorial on the merits.
March 11, 2020	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 30, 2020	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
April 28, 2020	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
September 14, 2020	The Respondent files a counter-memorial and objections to jurisdiction.
November 9, 2020	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
December 1, 2020	The Tribunal issues Procedural Order No. 3 concerning production of documents.
March 17, 2021	The Claimant files a reply on the merits.
July 15, 2021	The Respondent files a rejoinder on the merits.
August 18, 2021	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
August 23, 2021	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
September 13, 2021 - September 17, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
November 5, 2021	The parties file post-hearing briefs.
October 10, 2022	Each party files a statement of costs.
November 18, 2022	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 3, 2023	The Tribunal renders its award.

(b) Rectification Proceeding

Date	Development
April 19, 2023	The Acting Secretary-General registers a request for rectification of the award filed by Westwater Resources, Inc.
May 19, 2023	The Republic of Türkiye files observations on Westwater Resources, Inc.’s request for rectification.
June 2, 2023	Westwater Resources, Inc. files a reply on the Republic of Türkiye’s observations of May 19, 2023.
June 14, 2023	The Republic of Türkiye files a rejoinder on Westwater Resources, Inc.’s request for rectification.
July 7, 2023	Each party files an additional statement of costs.
July 24, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 46 and 49(4).
July 27, 2023	The Tribunal issues a decision on the rectification of the award.