Tag: Turkmenistan

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

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 […]

By 17 October, 2016 0 Comments Read More →
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. İçkale İnşaat Limited Şirketi v. Turkmenistan (ICSID Case No. ARB/I0/24) is the first case […]

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

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

In Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti v. Turkmenistan ICSID tribunal issued an order to compel parties to disclose third-party funding arrangements. Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Republic of Turkmenistan, ICSID Arbitration (No. ARB:12:6), Order dated 12 June 2015

By 29 October, 2015 0 Comments Read More →
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  

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  

Garanty Koza v. Turkmenistan

Garanty Koza v. Turkmenistan

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

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

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 […]

By 22 October, 2013 0 Comments Read More →
Kilic v. Republic of Turkmenistan

Kilic v. Republic of Turkmenistan

Kılıç İnşaat İthalat İhracat Sanayi v Turkmenistan, ICSID Arbitration (No. ARB:10:1), Award dated 7 May 2012 Separate Opinion of Professor William Park May 2013

By 24 February, 2013 0 Comments Read More →
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. […]