Case Details

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

Subject of Dispute:

Construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Turkmenistan - Türkiye 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

İmeks İnşaat Makina Elektrik Konstrüksiyon Sanayi Limited Şirketi (Turkish)
Respondent(s):

Turkmenistan (Turkmen)
Date Registered:

May 5, 2021
Date of Constitution of Tribunal:

March 21, 2022

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Stephan SCHILL (German) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Stephan SCHILL (German) - Appointed by the Claimant(s)
Gabriel BOTTINI (Argentine) - Appointed by the Respondent(s)
Reconstituted:

July 24, 2023: Rolf KNIEPER (German) appointed following the resignation of Gabriel BOTTINI (Argentine)

Party Representatives

Claimant(s):

Wilmer Cutler Pickering Hale & Dorr, Washington, DC, U.S.A.
Sengüler & Sengüler Law Office, Istanbul, Republic of Türkiye
Can Yeginsu, London, U.K.
Respondent(s):

Squire Patton Boggs, New York, NY, U.S.A. and Ashgabat, Turkmenistan
Katten Muchin Rosenman, New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

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

No References Available.

(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	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).
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.
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.