Tag: Turkmenistan

The legal clash between MTS and Turkmenistan – impairment of investor’s rights or defense of State interests?

The legal clash between MTS and Turkmenistan – impairment of investor’s rights or defense of State interests?

In July 2018, Mobile TeleSystems (MTS) started a new investment arbitration at ICSID against Turkmenistan. The long-running legal conflict between these parties clearly shows how investment climate depends on the State’s ability to maintain foreign investor and to guarantee its rights of inviolability of property. Generally, the reckless policy of the State in relation to […]

The escalation of Iran–Turkmenistan gas dispute:  Will the battle begin?

The escalation of Iran–Turkmenistan gas dispute: Will the battle begin?

On 30 January, Iran announced the intention to file a claim with the ICC International Court of Arbitration over the quality and price of Turkmenistan gas. The gas dispute between Iran and Turkmenistan broke out in January 2017, when Turkmenistan stopped its gas exports to Iran.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/antabuse.html no prescription drugstore Turkmengaz, the national gas […]

New Book: The Law and Practice of International Arbitration in the CIS Region

New Book: The Law and Practice of International Arbitration in the CIS Region

CIS Arbitration Forum authors and other experts from the region teamed up to produce the first comprehensive overview of commercial arbitration in the Commonwealth of Independent States (CIS) region. The Law and Practice of International Arbitration in the CIS Region edited by Kaj Hober and Yarik Kryvoi provides a country-by-country analysis of regulation and practice […]

Round-Up of Investment Arbitrations Against CIS States: Recent Developments

Round-Up of Investment Arbitrations Against CIS States: Recent Developments

In the December 2016 – March 2017 period, some major procedural developments occurred in several pending and concluded investment arbitrations against CIS states. In some of these pending disputes, arbitral tribunals have asserted jurisdiction over the investors’ claims, addressing noteworthy issues such as: provisional application of the Energy Charter Treaty, application of BITs to investments in Crimea and corruption […]

Recent Investment Arbitration Disputes involving CIS States
By 17 October, 2016 0 Comments Read More →

Recent Investment Arbitration Disputes involving CIS States

The period of July–October 2016 has seen several developments in the field of Investor-State Dispute Settlement in the CIS region. The arbitral tribunals in these cases will further address issues such as: the succession of the former Soviet republics to USSR investment treaty obligations, the mandatory nature of local courts’ litigation provision in the Turkmenistan–Turkey […]

ICSID Award Favours Turkmenistan and Spurs Controversy

ICSID Award Favours Turkmenistan and Spurs Controversy

On 8 March 2016, an ICSID Tribunal dismissed the claim of a Turkish investor against Turkmenistan finding that the alleged violation of the Turkey-Turkmenistan Bilateral treaty (“BIT”) was “entirely without merit.” The arbitral award appeared to be controversial and resulted in two dissenting opinions. online pharmacy https://www.gcbhllc.org/image/png/synthroid.html no prescription İçkale İnşaat Limited Şirketi v. Turkmenistan (ICSID Case No. […]

Tribunal Requests Claimants to Disclose to Turkmenistan who is Paying for Their Lawsuit

Tribunal Requests Claimants to Disclose to Turkmenistan who is Paying for Their Lawsuit

Even though third party funding is increasingly common in international arbitration, the disclosure of funding arrangements is relatively rare and is required only in exceptional circumstances. Earlier this year in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti v. Turkmenistan the ICSID tribunal issued an order to compel the parties to disclose third party funding arrangements. Brief […]

İçkale İnşaat Limited Şirketi v. Turkmenistan

İçkale İnşaat Limited Şirketi v. Turkmenistan

İçkale İnşaat Limited Şirketi v. Turkmenistan, ICSID Case No. ARB/10/24 – Decision on Claimant’s Proposal to Disqualify Professor Philippe Sands- 11 July  

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Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan

Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan

Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan, ICSID Case No. ARB/12/6 – Decision on Respondent’s Objection to Jurisdiction under Article VII(2) – 13 February 2015  

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Garanty Koza v. Turkmenistan

Garanty Koza v. Turkmenistan

Garanty Koza v Turkmenistan, ICSID Arbitration, Award dated 3 July 2013

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Turkmenistan: Two Recent Decisions on Jurisdiction Prove that the BIT Matters
By 22 October, 2013 0 Comments Read More →

Turkmenistan: Two Recent Decisions on Jurisdiction Prove that the BIT Matters

This summer ICSID tribunals resolved jurisdictional challenges in two cases arising out of construction projects in Turkmenistan. In Kilic Insaat Ithalat Ihracat Sanayi ve Ticaret Anonim Sirketi v Turkmenistan (ICSID Case No. ARB/10/1) the tribunal decided that it does not have jurisdiction. It held that the investor failed to litigate its claims in the Turkmen courts […]

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. […]