Case Details

International Mining Company Invest, Inc. v. Kyrgyz Republic (ICSID Case No. ARB/22/25)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT United States of America - Kyrgyz Republic 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

International Mining Company Invest, Inc. (U.S.)
Respondent(s):

Kyrgyz Republic (Kyrgyz)
Date Registered:

September 19, 2022
Date of Constitution of Tribunal:

January 13, 2023

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Enyo Law, London, U.K.
Respondent(s):

Willkie Farr & Gallagher, Paris, France
ELWI, Moscow, Russia
Center for Court Representation of the Kyrgyz Republic, Bishkek, Kyrgyz Republic
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 27, 2024 - The proceeding is resumed following the Claimant’s request.

No References Available.

(a) Original Proceeding

Date	Development
September 19, 2022	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 1, 2022	Following appointment by the Claimant, Stanimir A. ALEXANDROV (Bulgarian) accepts his appointment as arbitrator.
December 19, 2022	The Claimant files a request for the Chairman of the Administrative Council to appoint the President of the Tribunal pursuant to Article 38 of the ICSID Convention.
December 21, 2022	Following appointment by the Respondent, Zachary DOUGLAS (Australian) accepts his appointment as arbitrator.
January 13, 2023	Following appointment by agreement of the parties, Juan FERNÁNDEZ-ARMESTO (Spanish) accepts his appointment as presiding arbitrator.
January 13, 2023	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Juan FERNÁNDEZ-ARMESTO, (Spanish), President, appointed by agreement of the parties; Stanimir A. ALEXANDROV (Bulgarian), appointed by the Claimant; and Zachary DOUGLAS (Australian), appointed by the Respondent.
March 9, 2023	The Tribunal holds a first session by video conference.
March 23, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 24, 2023	The Respondent files a request to address quantum in a separate phase of the proceeding.
April 21, 2023	The Claimant files observations on the request to address quantum in a separate phase of the proceeding.
May 11, 2023	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address quantum in a separate phase of the proceeding.
June 2, 2023	The Respondent files a request for security for costs.
June 14, 2023	The Claimant files a memorial on the merits.
June 30, 2023	The Claimant files observations on the Respondent’s request for security for costs.
July 7, 2023	The Respondent files a response to the Claimant’s observations of June 30, 2023.
July 14, 2023	The Claimant files a response to the Respondent's observations of July 7, 2023.
October 16, 2023	The Tribunal issues Procedural Order No. 3 concerning security for costs.
October 17, 2023	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
October 23, 2023	The Respondent files a counter-memorial on the merits.
October 30, 2023	Each party files observations on the non-disputing party’s application.
November 17, 2023	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
January 4, 2024	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
January 22, 2024	The Tribunal issues a decision on production of documents.
June 26, 2024	The Tribunal issues Procedural Order No. 4 concerning production of documents.
August 15, 2024	The Respondent files a rejoinder on the merits.
October 23, 2024	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
November 4, 2024 - November 9, 2024	The Tribunal holds a hearing on jurisdiction and the merits in Madrid and by videoconference.
November 22, 2024	The Tribunal issues Procedural Order No. 6 suspending the procedure until 22 May 2025.
November 27, 2024	The proceeding is resumed following the Claimant’s request.