Case Details

Bayındır İnşaat Turizm Ticaret ve Sanayi A.Ş. v. Islamic Republic of Pakistan (ICSID Case No. ARB/21/48)

Subject of Dispute:

Highway construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Türkiye - Pakistan 1995
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Bayındır İnşaat Turizm Ticaret ve Sanayi A.Ş. (Turkish)
Respondent(s):

Islamic Republic of Pakistan (Pakistani)
Date Registered:

October 12, 2021
Date of Constitution of Tribunal:

February 9, 2022

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by Co-Arbitrators
Arbitrators:

Kaj HOBÉR (Swedish) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Jones Swanson Huddell & Daschbach, New Orleans, LA, U.S.A.
Fishman Haygood, New Orleans, LA, U.S.A.
Kabine Law Office, Istanbul, Turkey
Respondent(s):

Attorney-General, Islamabad, Pakistan
Reed Smith, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 8, 2024 - The Tribunal issues a decision on jurisdiction.

No References Available.

(a) Original Proceeding

Date	Development
October 12, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
January 13, 2022	Following appointment by the Claimant, Kaj Hober (Swedish) accepts his appointment as arbitrator.
January 13, 2022	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
February 9, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by his co-arbitrators pursuant to the parties’ agreement; Kaj Hobér (Swedish), appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
February 9, 2022	Following appointment by his co-arbitrators pursuant to the parties’ agreement, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
April 12, 2022	The Tribunal holds a first session by video conference.
April 26, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 25, 2022	The Tribunal issues Procedural Order No. 2 concerning production of documents.
October 17, 2022	The Claimant files a memorial on the merits.
December 12, 2022	The Respondent files a request to address quantum in a separate phase of the proceeding.
January 9, 2023	The Claimant files observations on the Respondent’s request to address quantum in a separate phase of the proceeding.
January 13, 2023	The Respondent files a response to the Claimant’s observations of January 9, 2023.
January 18, 2023	The Claimant files further observations on the Respondent’s response of January 13, 2023.
February 6, 2023	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address quantum in a separate phase of the proceeding; as a result, the proceeding on quantum is suspended.
April 3, 2023	The Respondent files a counter-memorial on jurisdiction and the merits.
June 13, 2023	The Tribunal issues a decision on production of documents.
September 25, 2023	The Claimant files a reply on jurisdiction and the merits.
February 19, 2024	The Respondent files a rejoinder on jurisdiction and the merits.
March 19, 2024	The President holds a pre-hearing organizational meeting with the parties by video conference.
March 22, 2024	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
May 6, 2024 - May 10, 2024	The Tribunal holds a hearing on the merits in London.
May 24, 2024	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
June 10, 2024	Each party files a statement of costs.
June 17, 2024	Each party files observations on the other party’s statement of costs.
November 8, 2024	The Tribunal issues a decision on jurisdiction.