Case Details

BM Mühendislik ve İnşaat A.Ş. v. United Arab Emirates (ICSID Case No. ARB/17/20)

Subject of Dispute:

Construction
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Türkiye - United Arab Emirates 2005
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

BM Mühendislik ve Insaat A.S. (Turkish)
Respondent(s):

United Arab Emirates (Emiri)
Date Registered:

June 28, 2017
Date of Constitution of Tribunal:

December 21, 2017

Composition of Tribunal

President:

L. Yves FORTIER (Canadian) - Appointed by Co-Arbitrators
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Beckett Law, Montclair, NJ, U.S.A.
Respondent(s):

Allen & Overy, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 23, 2022 - The Tribunal renders its award; attached to the award is a concurring and dissenting opinion by arbitrator Charles N. Brower.

(b) Rectification and Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

February 14, 2023

Party Representatives

Claimant(s):

Beckett Law, Montclair, NJ, U.S.A.
Respondent(s):

Allen & Overy, Paris, France and Dubai, United Arab Emirates
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

February 22, 2024 - The proceeding is suspended until August 27, 2024, pursuant to the parties’ agreement.

No References Available.

(a) Original Proceeding

Date	Development
June 28, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
October 9, 2017	Following appointment by the Claimant, Charles N. Brower (U.S.) accepts his appointment as arbitrator.
October 27, 2017	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
December 21, 2017	Following appointment by his co-arbitrators, L. Yves Fortier (Canadian) accepts his appointment as presiding arbitrator.
December 21, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: L. Yves Fortier (Canadian), President, appointed by his co-arbitrators; Charles N. Brower (U.S.), appointed by the Claimant; and Zachary Douglas (Australian), appointed by the Respondent.
February 7, 2018	The Tribunal holds a first session by telephone conference.
February 14, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 31, 2018	The Claimant files a memorial on the merits.
February 28, 2019	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
April 23, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 7, 2019	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 16, 2019	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
December 20, 2019	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
March 16, 2020	The Claimant files a rejoinder on jurisdiction.
March 20, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
March 27, 2020	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
June 3, 2020	The Tribunal holds a second pre-hearing organizational meeting with the parties by video conference.
June 3, 2020	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
June 12, 2020	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 17, 2020	The Respondent files observations on the Claimant’s request of June 12, 2020.
June 22, 2020	The Claimant files a response to the Respondent’s observations of June 17, 2020.
June 23, 2020	Each party files further observations on the Claimant’s request of June 12, 2020.
June 29, 2020	The Tribunal issues Procedural Order No. 5 concerning the admissibility of new evidence.
July 8, 2020 - July 9, 2020	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
July 13, 2020 - July 14, 2020	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
July 28, 2020 - July 30, 2020	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
August 5, 2020 - August 6, 2020	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
October 22, 2020	The Respondent files a post-hearing brief.
October 23, 2020	The Claimant files a post-hearing brief.
December 14, 2020	Each party files a submission on costs.
October 28, 2022	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 23, 2022	The Tribunal renders its award; attached to the award is a concurring and dissenting opinion by arbitrator Charles N. Brower.

(b) Rectification and Supplementary Decision Proceeding

Date	Development
February 14, 2023	The Secretary-General registers a request for rectification and supplementary decision of the award filed by BM Mühendislik ve İnşaat A.Ş.
March 10, 2023	The United Arab Emirates files observations on BM Mühendislik ve İnşaat A.Ş.’s request for rectification and supplementary decision.
March 31, 2023	BM Mühendislik ve İnşaat A.Ş. files a response to the United Arab Emirates’ observations of March 10, 2023.
February 22, 2024	The proceeding is suspended until August 27, 2024, pursuant to the parties’ agreement.