Case Details

DSG Yapi Sanayi Ticaret Anonim Sirketi v. Kingdom of Saudi Arabia (ICSID Case No. ARB/19/32)

Subject of Dispute:

Construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Saudi Arabia - Türkiye 2006
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

DSG Yapi Sanayi Ticaret Anonim Sirketi (Turkish)
Respondent(s):

Kingdom of Saudi Arabia (Saudi Arabian)
Date Registered:

November 21, 2019
Date of Constitution of Tribunal:

May 21, 2020

Composition of Tribunal

President:

Neil KAPLAN (British) - Appointed by Co-Arbitrators
Arbitrators:

Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Stephen L. DRYMER (Canadian) - Appointed by Co-Arbitrators
Arbitrators:

Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s)
Reconstituted:

June 4, 2020: Neil KAPLAN (British) appointed following the resignation of Stephen L. DRYMER (Canadian)

Party Representatives

Claimant(s):

Lalive, Geneva, Switzerland
Can Yeginsu, London, U.K.
Respondent(s):

Ministry of Education, Riyadh, Kingdom of Saudi Arabia
Allen & Overy, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 15, 2022 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
November 21, 2019	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
February 20, 2020	Following appointment by the Claimant, Michael Pryles (Australian) accepts his appointment as arbitrator.
March 18, 2020	Following appointment by the Respondent, Pierre Mayer (French) accepts his appointment as arbitrator.
March 18, 2020	The Claimant files a request for provisional measures.
May 13, 2020	The Respondent files observations on the Claimant’s request for provisional measures.
May 21, 2020	Following appointment by appointed by his co-arbitrators in accordance with the agreement of the Parties, Stephen Drymer (Canadian) accepts his appointment as presiding arbitrator.
May 21, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Stephen Drymer (Canadian), President, appointed by his co-arbitrators in accordance with the agreement of the Parties; Michael Pryles (Australian), appointed by the Claimant; and Pierre Mayer (French), appointed by the Respondent.
May 29, 2020	The Claimant files a response to the Respondent’s observations of May 13, 2020.
June 1, 2020	Following the resignation of arbitrator Stephen Drymer, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
June 4, 2020	Following the resignation of arbitrator Stephen Drymer, Neil Kaplan (British) accepts his appointment as arbitrator, appointed by his co-arbitrators in accordance with the agreement of the Parties and in accordance with ICSID Arbitration Rule 11(1).
June 4, 2020	The Tribunal is reconstituted. Its members are: Neil Kaplan (British), President, appointed by his co-arbitrators in accordance with the agreement of the Parties; Michael Pryles (Australian), appointed by the Claimant; and Pierre Mayer (French), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
June 16, 2020	The Respondent files observations on the Claimant’s response of May 29, 2020.
July 6, 2020	The Tribunal holds a first session by video conference.
July 13, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 17, 2020	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
October 16, 2020	The Claimant files a memorial on the merits.
March 31, 2021	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 18, 2021	Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents.
May 26, 2021	The Tribunal holds a case management conference by video conference.
June 8, 2021	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 1, 2021	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
November 3, 2021	The proceeding is suspended until January 31, 2022, pursuant to the parties’ agreement.
January 31, 2022	The proceeding is suspended until February 28, 2022, pursuant to the parties’ agreement.
February 28, 2022	The proceeding is suspended until March 15, 2022, pursuant to the parties’ agreement.
March 16, 2022	The proceeding is suspended until June 15, 2022, pursuant to the parties’ agreement.
June 16, 2022	The proceeding is suspended until September 15, 2022, pursuant to the parties’ agreement.
September 12, 2022	The proceeding is suspended until November 15, 2022, pursuant to the parties’ agreement.
November 15, 2022	The proceeding is suspended until December 22, 2022, pursuant to the parties’ agreement.
December 13, 2022	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
December 15, 2022	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).