Tag: Kazakhstan

Commercial Dispute Resolution in Eastern Europe: Debugging the Mechanisms

Commercial Dispute Resolution in Eastern Europe: Debugging the Mechanisms

One may compare arbitration with a car: it may be luxurious or modest, but to run it you always need four properly functioning wheels: arbitral institutions, parties, arbitrators and state courts. Tetiana Slipachuk, managing partner of Sayenko Kharenko law firm, reminded us of this while moderating the first arbitration section of the first Eastern European […]

By 28 September, 2016 0 Comments Read More →
Recent Investment Arbitration Cases involving CIS States

Recent Investment Arbitration Cases involving CIS States

While the spotlight of the CIS arbitration community is currently focused on investment disputes between Ukrainian claimants and the Russian Federation, moving to jurisdictional phase in mid-July 2016, other CIS states have also provided some noteworthy developments. This post highlights general trends identified in CIS-related Investor-State Dispute Settlement (“ISDS“) since 2015, and addresses certain cases that […]

New ADR Regulations enacted in Kazakhstan

New ADR Regulations enacted in Kazakhstan

Kazakhstan intends to reduce the caseload of the judicial system by expanding alternative dispute resolution procedures. On 1 January 2016 the new Civil Procedure Code, Entrepreneurial Code and an accompanying law on amending the current legislation came into force. The laws actively promote alternative dispute resolution procedures (ADR). Alternative Dispute Resolution: New Approach For many years the […]

By 26 January, 2016 0 Comments Read More →
Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan

Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan

The proceeding was concluded and the award was rendered on August 18, 2014. The award is not publicly available. More information can be found here.

AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan

AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan

AIG Capital Partners arises out of a Request for Arbitration by AIG Capital Partners Inc  and CJSC Tema Real Estate Company requesting for arbitration of an “investment dispute” with the Republic of Kazakhstan. The claim in the Request for Arbitration arises out of the alleged expropriation of the Claimants‟ investment in a Real Estate Development […]

Anatolie Stati and Others v. Republic of Kazakhstan

Anatolie Stati and Others v. Republic of Kazakhstan

In Anatolie Stati and others, a Stockholm Chamber of Commerce (SCC) Tribunal found that, through a “string of measures of coordinated harassment” of Claimants’ investments related to the Borankol and Tolkyn Fields and Munaibay Oil, to the Contract 302 Properties, and to the LPG Plant,” Kazakhstan violated the Fair and Equitable Treatment provision of the Energy Charter Treaty (ECT). As a […]

Caratube International Oil Company LLP v. Republic of Kazakhstan

Caratube International Oil Company LLP v. Republic of Kazakhstan

In Caratube v. Kazakhstan, the ad hoc ICSID annulment committee (the “Committee”) dismissed Caratube International Oil Company LLP’s (“CIOC”) application for annulment, finding that the ICSID tribunal (the “Tribunal”) did not (i) manifestly exceed its powers; (ii) seriously depart from a fundamental rule of procedure; or (iii) fail to state the reasons on which it based its decision, […]

KT Asia Investment Group B.V. v. Republic of Kazakhstan

KT Asia Investment Group B.V. v. Republic of Kazakhstan

KT Asia Investment Group B.V. v Kazakhstan, ICSID Arbitration, Award dated August 2013

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

Last week ICSID released a redacted version of a 2010 award in Liman Caspian Oil B.V. and NCL Dutch Investment B.V. v. Kazakhstan.  While both the facts of the case and the parties’ positions have been redacted, the remaining parts of the award provide illuminating analysis of such issues as legality of the investment as a […]

Liman Caspian Oil BV & ors v. Republic of Kazakhstan

Liman Caspian Oil BV & ors v. Republic of Kazakhstan

Liman Caspian Oil BV and NCL Dutch Investment BV v Republic of Kazakhstan, ICSID Case No. ARB/07/14, Award dated 22 June 2010 (excerpts)

Rumble Telekom v. Republic of Kazakhstan

Rumble Telekom v. Republic of Kazakhstan

Rumeli Telekom A.S.and Telsim Mobil Telekomikasyon Hizmetleri A.S. v Republic of Kazakhstan, ICSID Arbitration (No. ARB:05:16), Award dated 17 July 2008

Investor (unnamed) v. Republic of Kazakhstan

Investor (unnamed) v. Republic of Kazakhstan

Investor vs. Kazakhstan, SCC Arbitration (No. 122/2001), Award dated 2004

Caratube v. Kazakhstan Contributes to the Definition of Investment Debate

Caratube v. Kazakhstan Contributes to the Definition of Investment Debate

We reported earlier that in June 2012 an ICSID tribunal dismissed Caratube International’s USD 1 billion claim against Kazakhstan on jurisdictional grounds. The full text of the award has now been released and is discussed in this article. The dispute centred around the termination of Caratube’s licence to an oilfield in Kazakhstan and allegations that Caratube […]

ICSID Tribunal Refuses Jurisdiction in a Dispute Against Kazakhstan

ICSID Tribunal Refuses Jurisdiction in a Dispute Against Kazakhstan

According to the Kazakh Ministry of Justice, a foreign company which initiated a dispute against Kazakhstan has failed to establish that it was controlled by a national of a state party to the ICSID Convention. The ICSID tribunal in Caratube International Oil Company v Kazakhstan decided that the claim was brought by a Kazakh company which failed […]

Heavy Blow to the Turkish Investors’ Claims Against Turkmenistan

Heavy Blow to the Turkish Investors’ Claims Against Turkmenistan

In a decision released by the ICSID on May 25, 2012 the Tribunal found that the Turkey-Turkmenistan BIT required submission of the dispute in question to the national courts before the initiation of international arbitration proceedings. The tribunal however specifically noted that it is yet to decide on the effect of non-compliance with this condition. […]

Conference in Brussels: Current Issues in Arbitration in CIS Countries

Conference in Brussels: Current Issues in Arbitration in CIS Countries

The Association for International Arbitration, the CIS Arbitration Forum and a number of co-sponsors are hosting an arbitration conference in Brussels on 21 June 2012. Speakers from various CIS jurisdictions will discuss a range of issues related to arbitration in the region. The topics include the policy of CIS countries towards arbitration, bribery, Russia-related arbitration […]

Investment Arbitration and Protection of Subsoil Users: the View from Kazakhstan

Investment Arbitration and Protection of Subsoil Users: the View from Kazakhstan

This article is devoted to actual issues of subsoil users’ disputes in international arbitration, particularly, to the definition of international investment arbitration, investment dispute, and provides a brief analysis of current legislation of the Republic of Kazakhstan in regards to exclusive competence of state courts on specific issues. As we know, there are several types […]

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions. In practice, however, a number of problems related to confidentiality remain unresolved. The controversial issues include disclosure of information related to cases of particular importance to the society at large, observance of confidentiality at the stage of enforcement of arbitral […]