Case Details

AHG Industry GmbH & Co. KG v. Republic of Iraq (ICSID Case No. ARB/20/21)

Subject of Dispute:

Cement production enterprise
Economic Sector:

Construction
Instrument(s) Invoked:

Contract, Iraq’s Investment Law No. 13, 2006, Law of Investment in Kurdistan Region – Iraq, Law No. 4, 2006, Partnership and Cooperation Agreement between the European Union and the Republic of Iraq, 2013, Kirkuk Cement Factory Rehabilitation and Operation Contract, 2008
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

AHG Industry GmbH & Co. KG (German)
Respondent(s):

Republic of Iraq (Iraqi)
Date Registered:

June 26, 2020
Date of Constitution of Tribunal:

March 8, 2021

Composition of Tribunal

President:

Yas BANIFATEMI (French, Iranian) - Appointed by the Parties
Arbitrators:

Lucy REED (U.S.) - Appointed by the Claimant(s)
Awn Shawkat AL-KHASAWNEH (Jordanian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Bracewell, New York, NY, U.S.A.
Respondent(s):

Baker Botts (UK), London, U.K.
Kadhims Ltd, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 30, 2022 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

February 2, 2023 (Claimant(s))
Date of Constitution of ad hoc Committee:

April 20, 2023

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

President:

Carita WALLGREN-LINDHOLM (Finnish)
Members:

Tina M. CICCHETTI (Canadian, Italian)
Bertha COOPER-ROUSSEAU (Bahamian)

Party Representatives

Claimant(s):

Bracewell LLP, NY, USA
Respondent(s):

Baker Botts (UK) LLP, London, UK
Kadhims LTD, London, UK
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

July 16, 2024 - The Republic of Iraq files a rejoinder on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
June 26, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
December 3, 2020	Following appointment by the Claimant, Lucy Reed (U.S.) accepts her appointment as arbitrator.
January 12, 2021	Following appointment by the Respondent, Awn Shawkat Al-Khasawneh (Jordanian) accepts his appointment as arbitrator.
March 8, 2021	Following appointment by agreement of the parties, Yas Banifatemi (French/Iranian) accepts her appointment as presiding arbitrator.
March 8, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Yas Banifatemi (French/Iranian), President, appointed by agreement of the parties; Lucy Reed (U.S.), appointed by Claimant; and Awn Shawkat Al-Khasawneh (Jordanian), appointed by Respondent.
April 6, 2021	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
April 27, 2021	The Tribunal holds a first session by video conference.
May 3, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 13, 2021	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
May 27, 2021	The Respondent files a reply on the Claimant’s observations of May 13, 2021.
June 10, 2021	The Claimant files a rejoinder on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
June 29, 2021	The Tribunal holds a hearing on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
September 30, 2022	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
February 2, 2023	The Secretary-General registers an application for annulment of the award filed by the AHG Industry GmbH & Co. KG.
April 20, 2023	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Carita Wallgren-Lindholm (Finnish), President; Tina Cicchetti (Canadian/Italian); and Bertha Cooper-Rousseau (Bahamian); all members appointed by the Chairman of the Administrative Council.
June 22, 2023	The ad hoc Committee holds a first session by video conference.
October 26, 2023	AHG Industry GmbH & Co. KG files a memorial on annulment.
February 29, 2024	The Republic of Iraq files a counter-memorial on annulment.
May 8, 2024	AHG Industry GmbH & Co. KG files a reply on annulment.
July 16, 2024	The Republic of Iraq files a rejoinder on annulment.