Case Details

Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi v. Turkmenistan (ICSID Case No. ARB/10/1)

Proceeding Materials Procedural Details

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

    (a) Original Proceeding

    • Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi (Turkish)
    • Turkmenistan (Turkmen)
    • January 19, 2010
    • December 7, 2010

      Composition of Tribunal

    • J. William ROWLEY (British, Canadian) - Appointed by the Chairman of the Administrative Council
    • William W. PARK (Swiss, U.S.) - Appointed by the Claimant(s)
      Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

      Initial Composition of Tribunal

    • Emmanuel GAILLARD (French)
    • William W. PARK (Swiss, U.S.)
      Philippe SANDS (British, French, Mauritian)
    • May 24, 2011: J. William ROWLEY (British ,Canadian) appointed following the resignation of Emmanuel GAILLARD (French)

      Party Representatives

    • Volterra Fietta, London, U.K.
      Yasemin Cetinel, Istanbul, Turkey
    • Curtis, Mallet-Prevost, Colt & Mosle, Paris, France, Istanbul, Turkey, Mexico City, Mexico, and Washington, D.C., U.S.A.
      Gürel Yörüker Law Firm, Istanbul, Turkey
    • English
    • Concluded
    • July 2, 2013 - The Tribunal renders its award; attached to the award is a separate opinion by arbitrator William W. Park.

    (b) Rectification Proceeding

    • Both Parties
    • August 13, 2013

      Party Representatives

    • Volterra Fietta, London, U.K.
      Yasemin Cetinel, Istanbul, Turkey
    • Curtis, Mallet-Prevost, Colt & Mosle, Paris, France, Istanbul, Turkey, Mexico City, Mexico, and Washington, D.C., U.S.A.
      Gürel Yörüker Law Firm, Istanbul, Turkey
    • English
    • Concluded
    • September 20, 2013 - The Tribunal issues a decision on the rectification of the award.

    (c) Annulment Proceeding

    • Claimant(s)
    • January 27, 2014 (Claimant(s))
    • March 3, 2014

      Party Representatives

    • Derains & Gharavi, Paris, France
      Çetinel Law Firm, Istanbul, Turkey
    • Curtis, Mallet-Prevost, Colt & Mosle, Paris, France, Istanbul, Turkey, Mexico City, Mexico and Washington, D.C., U.S.A.
      Gürel Yörüker Law Firm, Istanbul, Turkey
    • English
    • Concluded
    • July 14, 2015 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on treaty authenticity and interpretation

Award - English (Original) (July 2, 2013)

Available on the ICSID Website

Decision on treaty authenticity and interpretation (May 7, 2012) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment - English (Original) (July 14, 2015)

(a) Original Proceeding

Date Development
January 19, 2010 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
April 23, 2010 Following appointment by the Respondent, Philippe Sands (British) accepts his appointment as arbitrator.
October 12, 2010 Following appointment by the Claimant, William W. Park (U.S.) accepts his appointment as arbitrator.
November 1, 2010 The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
December 7, 2010 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Emmanuel Gaillard (French), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; William W. Park (U.S.), appointed by the Claimant; and Philippe Sands (British), appointed by the Respondent.
December 7, 2010 Following appointment by the Chairman of the Administrative Council, Emmanuel Gaillard (French) accepts his appointment as presiding arbitrator.
January 31, 2011 The Tribunal holds a first session by telephone conference.
February 22, 2011 The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 2, 2011 The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
March 14, 2011 The Tribunal holds a first procedural consultation with the parties.
April 4, 2011 The Respondent files comments on the request to address the objections to jurisdiction as a preliminary question.
April 25, 2011 The Claimant files comments on the request to address the objections to jurisdiction as a preliminary question.
May 3, 2011 Following the resignation of arbitrator Emmanuel Gaillard (French), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
May 24, 2011 The Tribunal is reconstituted. Its members are: William Rowley (Canadian/British), President, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(2); William W. Park (U.S.), appointed by the Claimant; and Philippe Sands (British) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
May 24, 2011 Following the resignation Emmanuel Gaillard (French), William Rowley (Canadian) accepts his appointment as President of the Tribunal, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(2).
June 30, 2011 The Tribunal issues a procedural order concerning the Respondent’s request to join the objections to jurisdiction to the merits.
June 30, 2011 The Tribunal issues a procedural order concerning procedural matters.
January 20, 2012 The Tribunal holds a hearing on Treaty authenticity and interpretation.
May 7, 2012 The Tribunal issues a decision on treaty authenticity and interpretation.
July 6, 2012 The Tribunal decides on the procedural calendar.
July 16, 2012 The Tribunal decides on the procedural calendar.
July 18, 2012 The Tribunal decides on the procedural calendar.
July 30, 2012 The Respondent files a memorial on a jurisdictional matter.
August 27, 2012 The Claimant files a counter-memorial on a jurisdictional matter
October 1, 2012 The Respondent files a reply on a jurisdictional matter.
November 5, 2012 The Claimant files a rejoinder on a jurisdictional matter.
December 7, 2012 The Tribunal holds a hearing on a jurisdictional matter in London.
December 21, 2012 Each party files a post-hearing brief.
January 8, 2013 Each party files a submission on costs.
January 18, 2013 Each party files observations on the other party’s submission on costs.
July 2, 2013 The Tribunal renders its award; attached to the award is a separate opinion by arbitrator William W. Park.

(b) Rectification Proceeding

Date Development
August 13, 2013 The Acting Secretary-General registers two requests for rectification of the award, one filed by the Claimant, and one filed by the Respondent.
September 20, 2013 The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Date Development
January 27, 2014 The Secretary-General registers an application for annulment of the award filed by Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi, and notifies the parties of the provisional stay of enforcement of the award.
March 3, 2014 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Rigo Sureda (Spanish), President; Karl-Heinz Böckstiegel (German); and Hi-Taek Shin (Korean); all members appointed by the Chairman of the Administrative Council.
April 2, 2014 Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi files a request to continue the stay of enforcement of the award.
April 14, 2014 Turkmenistan files observations on Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi’s request to continue the stay of enforcement of the award.
April 29, 2014 Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi files a response to Turkmenistan's observations of April 14, 2014.
May 13, 2014 Turkmenistan files further observations on Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi's response of April 29, 2014.
May 20, 2014 The ad hoc Committee holds a first session by telephone conference.
May 27, 2014 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
June 5, 2014 The ad hoc Committee issues a decision concerning the continuation of the stay of enforcement of the award.
August 4, 2014 Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi files a memorial on annulment.
August 19, 2014 The ad hoc Committee issues Procedural Order No. 2 concerning the termination of the stay of enforcement of the award.
October 20, 2014 Turkmenistan files a counter-memorial on annulment.
December 24, 2014 Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi files a reply on annulment.
February 25, 2015 Turkmenistan files a rejoinder on annulment.
April 28, 2015 The ad hoc Committee holds a hearing on annulment in Washington, D.C.
May 29, 2015 Each party files a statement of costs.
July 13, 2015 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
July 14, 2015 The ad hoc Committee issues its decision on annulment.