Case Details

İmeks İnşaat Makina Elektrik Konstrüksiyon Sanayi Limited Şirketi v. Turkmenistan (ICSID Case No. ARB/21/23)

Proceeding Materials Procedural Details

  • Construction project
  • Construction
  • BIT Turkmenistan - Türkiye 1992
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • İmeks İnşaat Makina Elektrik Konstrüksiyon Sanayi Limited Şirketi (Turkish)
    • Turkmenistan (Turkmen)
    • May 5, 2021
    • March 21, 2022

      Party Representatives

    • Wilmer Cutler Pickering Hale & Dorr, Washington, DC, U.S.A.
      Sengüler & Sengüler Law Office, Istanbul, Republic of Türkiye
      Can Yeginsu, London, U.K.
    • Squire Patton Boggs, New York, NY, U.S.A. and Ashgabat, Turkmenistan
      Katten Muchin Rosenman, New York, NY, U.S.A.
    • English
    • Pending
    • April 8, 2024 - The Tribunal issues Procedural Order No. 2 concerning production of documents.

(a) Original Proceeding

Date Development
May 5, 2021

The Secretary-General registers a request for the institution of arbitration proceedings.  
September 17, 2021

Following appointment by the Claimant, Stephan Schill (German) accepts his appointment as arbitrator. 
October 25, 2021

Following appointment by the Respondent, Gabriel Bottini (Argentine) accepts his appointment as arbitrator.
March 20, 2022

Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention Christopher Greenwood (British) accepts his appointment as presiding arbitrator.
March 21, 2022

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention.  Its members are: Christopher Greenwood (British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Stephan Schill (German), appointed by the Claimant; and Gabriel Bottini (Argentine), appointed by the Respondent.
May 19, 2022

The Tribunal holds a first session by video conference.
May 25, 2022

The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 15, 2022

The Respondent files a request for security for costs.
December 9, 2022

The Claimant files a memorial on the merits.
January 9, 2023

The Claimant files observations on the Respondent’s request for security for costs.
January 30, 2023

The Respondent files a response to the Claimant’s observations of January 9, 2023.
March 21, 2023

The Tribunal issues a decision on security for costs.
June 7, 2023

The Tribunal consents to the resignation of arbitrator Gabriel Bottini pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
June 7, 2023

Following the resignation of arbitrator Gabriel Bottini, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). 
July 22, 2023

Following the resignation of arbitrator Gabriel Bottini, Rolf Knieper (German) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).
July 24, 2023

The Tribunal is reconstituted.  Its members are: Christopher Greenwood (British), President, appointed by the Chairman of the Administrative Council; Stephan Schill (German), appointed by the Claimant; and Rolf Knieper (German) appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
August 8, 2023

The Claimant files a proposal for disqualification of arbitrator Rolf Knieper. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
August 23, 2023

The Claimant files observations on the proposal for disqualification.
September 8, 2023

The Respondent files observations on the proposal for disqualification.
September 20, 2023

The Claimant files further observations on the proposal for disqualification.
September 25, 2023

The Respondent files further observations on the proposal for disqualification.
October 31, 2023

The proposal for disqualification of arbitrator Rolf Knieper is upheld by the co-arbitrators. The Acting Secretary-General notifies the parties of a vacancy of the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2). 
December 21, 2023

Following the disqualification of arbitrator Rolf Knieper, Maria Vicien-Milburn (Argentine/Spanish) accepts her appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).
December 21, 2023

The Tribunal is reconstituted. Its members are: Christopher Greenwood (British), President, appointed by the Chairman of the Administrative Council; Stephan Schill (German), appointed by the Claimant; and Maria Vicien-Milburn (Argentine/Spanish) appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
January 19, 2024

The Respondent files a memorial on preliminary objections and a counter-memorial on the merits.
March 26, 2024

Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents.
April 8, 2024

The Tribunal issues Procedural Order No. 2 concerning production of documents.