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Investment Dispute Settlement Navigator

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methodology

About

The UNCTAD Investment Dispute Settlement Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases.

General disclaimer

The Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive.

While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. UNCTAD assumes no responsibility for eventual errors or omissions in these data.

We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. Please contact us using the online contact form.

Cases included in the Navigator

A case is included in the Navigator if it is:

  • an international arbitration between an investor and a State;
  • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation);
  • submitted to arbitration through a notice of arbitration or a request for arbitration, and upon registration of such request if applicable (not included are cases where a disputing party has only notified the other party of the existence of a dispute or signalled its intention to submit a claim, but has not yet commenced the arbitration).

Sources of information and frequency of updating

The information included in the Navigator is collected from publicly available sources. Primary sources (i.e. official documents relating to the case and information provided by the administering institutions) are the main and preferred source of information. Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable.

The Navigator is updated on a regular, typically biannual, basis. The date of the last update is displayed on the Navigator’s home page.

Methodological notes for the recording of data

Case name

Full case name is recorded as it appears in the official case documents and as it is registered at the administering institution if applicable. If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first claimant followed by the words “and others”.

Short case name is ascribed by UNCTAD. Typically it is the first word of a corporate claimant’s name, an abbreviation of the corporate claimant’s name, or the last name of a natural-person claimant “v.” the short version of the respondent State’s name.

If the Navigator includes more than one case with the exact same name, then “(I)” is added to the case name of the earlier case, and a “(II)”, “(III)”, etc. is added to the name of each subsequent case.

Year of initiation

This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. For arbitrations brought under the ICSID Convention Arbitration Rules or ICSID Additional Facilities (AF) Rules, the year in which the claim was registered by ICSID is used.

Applicable IIA

This is the IIA(s) pursuant to which the claimant initiated the arbitral proceedings.

Arbitral rules

These are the arbitral rules in accordance with which the proceedings are conducted. Proceedings that are not subject to any existing set of arbitral rules, i.e. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”.

Administering institution

This is the institution that provides administrative support for the arbitral proceedings. When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. SCC or ICC), the relevant institution administers that case. In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. PCA). Proceedings may also be conducted without being administered by any institution.

Common abbreviations for administering institutions:

CRCICACairo Regional Centre for International Commercial Arbitration
ICCInternational Chamber of Commerce (International Court of Arbitration)
ICSIDInternational Centre for Settlement of Investment Disputes
LCIALondon Court of International Arbitration
MCCIMoscow Chamber of Commerce and Industry
PCAPermanent Court of Arbitration
SCCStockholm Chamber of Commerce (Arbitration Institute)

Details of investment and summary of the dispute

The details of investment are presented as argued by the claimant, unless otherwise expressly identified by an arbitral tribunal in its decisions or awards.

The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant.

Economic sector and subsector

This refers to the economic sector to which the investment at issue allegedly belongs. The structure of economic activities follows the International Standard Industrial Classification of All Economic Activities, Rev.4 (UN ISIC Rev.4).

Status/Outcome of original proceedings

This refers to the current status of the original arbitration proceedings.

  • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA.
  • Decided in favour of investor: the tribunal found that the respondent State committed one or more breaches of the applicable IIA and awarded monetary compensation or non-pecuniary relief to the claimant investor.
  • Decided in favour of neither party (liability found but no damages awarded): the arbitral tribunal found that the respondent State committed one or more breaches of the applicable IIA but did not award monetary compensation or non-pecuniary relief to the claimant investor.
  • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason.
  • Pending: the arbitration proceedings are pending. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet.
    Notes:
    • The Navigator only records treaty-based disputes or treaty-based aspects of "mixed" disputes. In treaty-based cases that are simultaneously contract-based or based on national investment law ("mixed" disputes), a case is deemed concluded (for purposes of the Navigator) if the tribunal dismissed the case on jurisdiction or finds no breach of the IIA, even if it proceeds to adjudicate the contract- or statutory-based claims.
    • Cases in which a final award has been rendered but which are later subject to follow-on (post-award) proceedings (e.g. ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).
  • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. This includes discontinuance as a result of non-payment of arbitration fees, in order to pursue litigation in another forum, or for any other reason (including for unknown reasons).

Arbitral decisions rendered

These are decisions rendered by an arbitral tribunal. Included are those decisions that concern the substance of the case and affect the final outcome. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. Discontinuance orders and settlement agreements are also recorded if such information is available.

Not included are any other (supplementary) arbitral decisions, e.g. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. Similarly, procedural orders issued by arbitral tribunals are not included. To access a full list of documentation available with respect to a case, users are invited to use (i) the link to the case page on http://italaw.com, and/or (ii) links to the websites of governments and/or arbitral institutions provided in the “Additional information” section.

Amounts claimed and awarded

Amount claimed refers to the amount of monetary compensation claimed by the investor, not including interest, legal costs or costs of arbitration.

Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration.

For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section.

Amounts are recorded in the currency used by the claimant/tribunal. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list.

To enable comparisons between cases, all amounts are also converted to US dollars. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. the date in which the request for arbitration containing this amount was submitted or the date of the final award).

Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. Otherwise, it is derived from other publicly available sources that are deemed reliable. In some cases, the approximate amount may be recorded to give a broad indication of the dispute’s magnitude. As a general rule, a rounded figure (to the nearest hundred thousand) of the amount claimed or awarded is provided.

If the claimant provides more than one valuation of damages claimed, the highest of these amounts is recorded.

IIA breaches alleged and found

Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable.

Information about breaches found is primarily derived from the arbitral decisions. When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable.

Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings.

Composition of tribunal

These are individuals who serve as members of the arbitral tribunal adjudicating the dispute (arbitrators).

The disputing party (i.e. claimant or respondent) that appointed a particular arbitrator is also recorded insofar as information is available. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction).

In case an arbitrator has been replaced by another individual (e.g. as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded.

Follow-on (post-award) proceedings

Follow-on (post-award) proceedings include three types of legal proceedings:

  • ICSID annulment proceedings;
  • Judicial review by national courts (set-aside proceedings); and
  • ICSID resubmission proceedings.

Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. ICSID annulment proceeding), the status of the case is marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).

Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded.

The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded.

Link to Italaw’s case page

The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. It makes available not only the main arbitral decisions, but also procedural orders, parties’ submissions, expert opinions and other types of documents.

A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand.

Additional information

This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources.

Number of cases as respondent State
1 60
Updated as of 31 December 2017

Turkey - as home State

Clear selection
Loaded 30 out of 30 Show all
No. Year of
initiation
Short case
name
Summary Outcome of
original proceedings
Respondent
State
Home State
of investor
1 2017 BM Mühendislik v. United Arab Emirates BM Mühendislik ve İnşaat A.Ş. v. United Arab Emirates (ICSID Case No. ARB/17/20) Turkey - United Arab Emirates BIT (2005) ICSID ICSID Investment:

Summary:
Pending United Arab Emirates Turkey Tertiary: F - Construction 42 - Civil engineering Data not available Data not available Data not available Data not available Pending None None None None None None None
2 2017 Bursel Tekstil and others v. Uzbekistan Bursel Tekstil Sanayi Ve Diş Ticaret A.Ş., Burhan Enuştekin and Selim Kaptanoğlu v. Republic of Uzbekistan (ICSID Case No. ARB/17/24) Turkey - Uzbekistan BIT (1992) ICSID ICSID Investment: Investments in three cotton textile plants.

Summary: Claims arising out of the Government’s alleged failure to uphold promises made to the claimants, including the right to buy cotton at discounted prices and the exemption from value-added tax on export products, which allegedly led to the bankruptcy of the claimants’ companies.
Investments in three cotton textile plants. Pending Uzbekistan Turkey Secondary: C - Manufacturing 13 - Manufacture of textiles Data not available Data not available Data not available Data not available Pending None None None None None None None
3 2017 Lotus v. Turkmenistan Lotus Holding Anonim Şirketi v. Turkmenistan (ICSID Case No. ARB/17/30) Turkey - Turkmenistan BIT (1992)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Investments in two electric power plants and a refinery.

Summary: Claims arising out of the Government’s alleged failure to make a retention payment for the construction of two 254-megawatt electric power plants, and of unlawfully terminating the agreement relating to the refinery.
Investments in two electric power plants and a refinery. Pending Turkmenistan Turkey Secondary: C - Manufacturing

Tertiary: D - Electricity, gas, steam and air conditioning supply
19 - Manufacture of coke and refined petroleum products

35 - Electricity, gas, steam and air conditioning supply
Name not available - President

Boykin, J. H. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
4 2017 Ustay v. Libya Ustay Yapi Taahhut ve Ticaret AS v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction 42 - Civil engineering Brower, C. N. - Claimant

Vinuesa, R. E. - Respondent

Cheng, T. - President
Data not available Data not available Data not available Pending None None None None None None None
5 2016 Attila Doğan v. Oman Attila Doğan Construction & Installation Co. Inc. v. Sultanate of Oman (ICSID Case No. ARB/16/7) Oman - Turkey BIT (2007) ICSID ICSID Investment: Engineering and construction concession contract for an oil and gas project with the State-owned company Petroleum Development of Oman LLC.

Summary: Claims arising out of the Government’s alleged frustration of investments related to an engineering and construction contract concluded by the claimant with Petroleum Development of Oman, a majority State-owned company, after winning the tender. According to the claimant, authorities delayed or prevented the entry of its qualified foreign personnel into Oman and required the claimant to hire additional Omani nationals from a local construction company. Petroleum Development of Oman later redistributed 60 per cent of the contract work to the previous local contract-holder and eventually terminated the contract in favour of the latter and other contractors.
Engineering and construction concession contract for an oil and gas project with the State-owned company Petroleum Development of Oman LLC. Pending Oman Turkey Tertiary: F - Construction 42 - Civil engineering Beechey, J. - President

de Boisséson, M. - Claimant

Landau, T. - Respondent
182.80 mln USD Data not available Data not available Pending None None None None None None None
6 2016 Cengiz v. Libya Cengiz İnşaat Sanayi ve Ticaret A.S v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Data not available Data not available Fernández-Armesto, J. - President

Mayer, P. - Claimant

Khairallah, G. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
7 2016 Etrak v. Libya Etrak İnşaat Taahut ve Ticaret Anonim Sirketi v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Data not available Data not available Hobér, K. - President

Townsend, J. M. - Claimant

Kalicki, J. E. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
8 2016 Görkem Inşaat v. Turkmenistan Görkem Inşaat Sanayi ve Ticaret Limited Şirketi v. Turkmenistan (ICSID Case No. ARB/16/30) Turkey - Turkmenistan BIT (1992) ICSID ICSID Investment: Investments in the construction of a shopping and trade center.

Summary: Claims arising out of the Government’s alleged non-payment under a contract for the construction of a shopping mall.
Investments in the construction of a shopping and trade center. Settled Turkmenistan Turkey Tertiary: F - Construction 41 - Construction of buildings Boykin, J. H. - Claimant

Douglas, Z. - Respondent

Annacker, C. - President
10.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Order Taking Note of the Discontinuance of the Proceeding dated 12 December 2017 None None None None None None
9 2016 Güriş v. Libya Güriş İnşaat ve Mühendislik A.Ş. v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction 41 - Construction of buildings Tercier, P. - President

Sachs, K. - Claimant

Landau, T. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
10 2016 Nurol v. Libya Nurol İnşaat ve Ticaret A.Ş. v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction

Tertiary: F - Construction
41 - Construction of buildings

42 - Civil engineering
Drymer, S. L. - President

Park, W. W. - Claimant

Boisson de Chazournes, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
11 2015 Aktau Petrol v. Kazakhstan Aktau Petrol Ticaret A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/15/8) Kazakhstan - Turkey BIT (1992)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Ownership of enterprise engaged in oil transportation.

Summary: Claims arising out of a series of measures taken by the respondent's courts, which allegedly resulted in the unlawful transfer of claimant's assets to a third party, connected to the government.
Ownership of enterprise engaged in oil transportation. Decided in favour of investor Kazakhstan Turkey Tertiary: H - Transportation and storage 49 - Land transport and transport via pipelines Binnie, I. - President

Hanotiau, B. - Claimant

Bethlehem, D. - Respondent
150.00 mln USD 22.70 mln USD Data not available Data not available Award dated 13 November 2017 None None None None None None
12 2015 Tekfen and TML v. Libya Tekfen, TML, Tekfen-TML joint venture v. Libya Libya - Turkey BIT (2009) ICC ICC Investment: Investments in the construction of a large water pipeline network undertaken by the joint venture Tekfen TML JV.

Summary: Claims arising out of the suspension of operations of the claimants’ joint venture Tekfen TML JV related to the Great Man Made River project, in which Tekfen TML JV was involved since 2006 as a contractor of the Libyan Man-Made River Authority, and the evacuation of its work sites owing to civil unrest and to adverse developments in Libya since February 2011.
Investments in the construction of a large water pipeline network undertaken by the joint venture Tekfen TML JV. Pending Libya Turkey Tertiary: F - Construction 42 - Civil engineering Rowley, J. W. - President

Born, G. B. - Claimant

Kaufmann-Kohler, G. - Respondent
184.50 mln EUR (201.60 mln USD) Data not available Data not available Pending Data not available Data not available None None None None None
13 2013 Erhas and others v. Turkmenistan Erhas and others v. Turkmenistan Turkey - Turkmenistan BIT (1992) UNCITRAL Data not available Investment:

Summary: Claims arising out of construction-related disputes for works undertaken in Turkmenistan.
Decided in favour of State Turkmenistan Turkey Tertiary: F - Construction 42 - Civil engineering Mourre, A. - President

Alexandrov, S. A. - Claimant

Douglas, Z. - Respondent
Data not available Data not available Data not available None - jurisdiction declined Award dated 8 June 2015 Separate Declaration by Stanimir A. Alexandrov None None None None None
14 2013 Federal Elektrik Yatirim and others v. Uzbekistan Federal Elektrik Yatırım ve Ticaret A.Ş. and others v. Republic of Uzbekistan (ICSID Case No. ARB/13/9) Turkey - Uzbekistan BIT (1992)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Shareholding in a joint venture with the Uzbek company Uzfedgaz to modernize and develop a gas distribution system.

Summary: Claims arising out of the alleged wrongful criminal prosecution, denial of justice and expropriation of claimant's investment by Uzbek authorities on the basis of tax evasion.
Shareholding in a joint venture with the Uzbek company Uzfedgaz to modernize and develop a gas distribution system. Pending Uzbekistan Turkey Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Lévy, L. - President

Paulsson, J. - Claimant (replaced)

Veeder, V. V. - Respondent

Gaillard, E. - Claimant
Data not available Data not available Data not available Pending None None None None None None None
15 2013 Güneş Tekstil and others v. Uzbekistan Güneş Tekstil Konfeksiyon Sanayi ve Ticaret Limited Şirketi and others v. Republic of Uzbekistan (ICSID Case No. ARB/13/19) Turkey - Uzbekistan BIT (1992) ICSID ICSID Investment: Ownership of the Turkuaz shopping centre in Uzbekistan, and certain other shopping centers operating under the Turkuaz brand name.

Summary: Claims arising out of the alleged seizure of claimants' shopping centres by Uzbek authorities on the basis of tax evasion, allegedly including physical mistreatment and the wrongful conviction of company personnel for various customs, import and taxation offences.
Ownership of the Turkuaz shopping centre in Uzbekistan, and certain other shopping centers operating under the Turkuaz brand name. Pending Uzbekistan Turkey Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 47 - Retail trade, except of motor vehicles and motorcycles Schwartz, E. - Claimant

Giovannini, T. - Respondent (replaced)

van Houtte, H. - President

Sands, P. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
16 2013 Karkey Karadeniz v. Pakistan Karkey Karadeniz Elektrik Uretim A.S. v. Islamic Republic of Pakistan (ICSID Case No. ARB/13/1) Pakistan - Turkey BIT (1995) ICSID ICSID Investment: Rights under a contract concluded with a State-owned electricity company to provide four power-generating vessels to the port of Karachi.

Summary: Claims arising out of the alleged unlawful detention by the Government of four electricity-generating vessels owned by the claimant, as well as alleged breaches of contractual payment obligations for electricity generated.
Rights under a contract concluded with a State-owned electricity company to provide four power-generating vessels to the port of Karachi. Decided in favour of investor Pakistan Turkey Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Derains, Y. - President

Grigera Naón, H. A. - Claimant

Edward, D. A. O. - Respondent
2000.00 mln USD 74000.00 mln PKR (696.60 mln USD) Direct expropriation

Transfer of funds
Direct expropriation

Transfer of funds
Decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question dated 13 May 2014

Award dated 22 August 2017
None ICSID annulment proceedings Pending (ICSID annulment proceedings) None None Böckstiegel, K.-H. - President

Bull, C. - Member

Ufot, D. U. - Member
17 2013 Serter v. France Erbil Serter v. French Republic (ICSID Case No. ARB/13/22) France - Turkey BIT (2006) ICSID ICSID Investment: Intellectual property rights concerning the design of advanced hull forms.

Summary: Claims arising out of disagreements over certain ship hull design related to Mr. Serter's experience, as ship designer and architect, in research, development and design of advanced hull forms.
Intellectual property rights concerning the design of advanced hull forms. Pending France Turkey Tertiary: H - Transportation and storage

Tertiary: M - Professional, scientific and technical activities
50 - Water transport

71 - Architectural and engineering activities; technical testing and analysis
Gharavi, H. G. - Claimant

Clay, T. - Respondent

Name not available - President
Data not available Data not available Data not available Pending None None None None None None None
18 2012 Muhammet Cap v. Turkmenistan Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan (ICSID Case No. ARB/12/6) Turkey - Turkmenistan BIT (1992) ICSID ICSID Investment: Rights under numerous contracts entered into with Turkmenistan concerning building projects.

Summary: Claims arising out of a series of governmental measures that allegedly led to the unlawful expropriation of claimants' construction projects in Turkmenistan, including defaulted payments and the termination of some of the contracts at issue before domestic courts.
Rights under numerous contracts entered into with Turkmenistan concerning building projects. Pending Turkmenistan Turkey Tertiary: F - Construction 41 - Construction of buildings Lew, J. D. M. - President

Hanotiau, B. - Claimant

Boisson de Chazournes, L. - Respondent
300.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Most-favoured nation treatment
Pending Decision on Respondent's Objection to Jurisdiction under Article VII(2) dated 13 February 2015 None None None None None None
19 2011 TPAO v. Kazakhstan Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan (ICSID Case No. ARB/11/2) Kazakhstan - Turkey BIT (1992)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Shareholding in the joint venture KazakhTurkMunai with Kazakh state entity KazMunaiGas that held oil exploration and production licenses.

Summary: Claims arising out of Government's measures allegedly affecting claimant's investment in an oil exploration and production joint venture which held exploration and production activities in seven oil fields in the Mangistau and Aktobe regions in Kazakhstan.
Shareholding in the joint venture KazakhTurkMunai with Kazakh state entity KazMunaiGas that held oil exploration and production licenses. Settled Kazakhstan Turkey Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas McRae, D. M. - President

Brower, C. N. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Award embodying the parties' settlement agreement dated 18 August 2014 None None None None None None
20 2010 Bozbey v. Turkmenistan Bozbey Insaat Sanayi ve Ticaret and Omer Faruk Bozbey v. Turkmenistan Turkey - Turkmenistan BIT (1992) UNCITRAL Data not available Investment: Construction and operation of an agro-industrial complex in Turkmenistan under a contract concluded with the Turkmen President’s Foundation.

Summary: Claims arising out of the initiation of criminal proceedings against the investor, the imposition of taxes and fines by Turkmen tax authorities upon his agro-industrial facility despite allegedly receiving a 21-year tax exemption under a special presidential decree, and the subsequent confiscation of claimant's property.
Construction and operation of an agro-industrial complex in Turkmenistan under a contract concluded with the Turkmen President’s Foundation. Discontinued Turkmenistan Turkey Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Griffith, G. - President

Hertzfeld, J. M. - Unknown

Fordham, J. - Unknown
60.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Other
Not applicable - settled or discontinued before decision on liability Data not available Data not available None None None None None
21 2010 Dede v. Romania Ömer Dede and Serdar Elhüseyni v. Romania (ICSID Case No. ARB/10/22) Romania - Turkey BIT (1996) ICSID ICSID Investment: Majority shareholding in SC IMUM SA, an agricultural machinery and equipment enterprise, through a share purchase agreement concluded with a Romanian agency; financial contributions into said company; payment of penalties as a precondition to acquiring shares in that company.

Summary: Claims arising out of the decision by Romania's privatisation agency AVAS to take possession of claimant's shares in an agricultural machinery manufacturer in the south-eastern city of Medgidia.
Majority shareholding in SC IMUM SA, an agricultural machinery and equipment enterprise, through a share purchase agreement concluded with a Romanian agency; financial contributions into said company; payment of penalties as a precondition to acquiring shares in that company. Decided in favour of State Romania Turkey Secondary: C - Manufacturing 28 - Manufacture of machinery and equipment n.e.c. Park, W. W. - President

Herzog, N. - Claimant

Stern, B. - Respondent
2.00 mln EUR (2.60 mln USD) Data not available Indirect expropriation None - jurisdiction declined Award dated 5 September 2013 None None None None None None
22 2010 İçkale v. Turkmenistan İçkale İnşaat Limited Şirketi v. Turkmenistan (ICSID Case No. ARB/10/24) Turkey - Turkmenistan BIT (1992) ICSID ICSID Investment: Rights under thirteen contracts for the construction of schools, hotels, cinemas and other facilities.

Summary: Claims arising out of the Government's alleged interference with the execution of the claimant's work under construction contracts concluded with various State organs and State entities, including the blocking of bank accounts, the termination of contracts and the initiation of judicial proceedings.
Rights under thirteen contracts for the construction of schools, hotels, cinemas and other facilities. Decided in favour of State Turkmenistan Turkey Tertiary: F - Construction 42 - Civil engineering Heiskanen, V. - President

Lamm, C. B. - Claimant

Sands, P. - Respondent

Nariman, F. S. - Respondent (replaced)
566.70 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures

Umbrella clause

Indirect expropriation
None - all claims dismissed at the merits stage Award dated 8 March 2016

Decision on Claimant's Request for Supplementary Decision and Rectification of the Award dated 4 October 2016
Partially Dissenting Opinion of Philippe Sands

Partially Dissenting Opinion of Carolyn B. Lamm
None None None None None
23 2010 Kılıç v. Turkmenistan Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi v. Turkmenistan (ICSID Case No. ARB/10/1) Turkey - Turkmenistan BIT (1992) ICSID ICSID Investment: Rights under a number of building contracts in connection with projects in the Turkmen cities of Mary, Dashoguz and Ashgabat between Kiliç and various municipal governors, and other state officials.

Summary: Claims arising out of disagreements over the parties' respective performance under several construction contracts, including the alleged failure to pay certain amounts owed under various construction projects that the investor had designed and built.
Rights under a number of building contracts in connection with projects in the Turkmen cities of Mary, Dashoguz and Ashgabat between Kiliç and various municipal governors, and other state officials. Decided in favour of State Turkmenistan Turkey Tertiary: F - Construction 41 - Construction of buildings Rowley, J. W. - President

Gaillard, E. - President (replaced)

Park, W. W. - Claimant

Sands, P. - Respondent
300.00 mln USD Data not available Data not available None - jurisdiction declined Award dated 2 July 2013

Decision on Article VII.2 of the Turkey-Turkmenistan Bilateral Investment Treaty dated 7 May 2012
Separate Opinion of Professor William W. Park (Award) ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 14 July 2015 (ICSID annulment proceedings) None Rigo Sureda, A. - President

Böckstiegel, K.-H. - Member

Shin, H.-T. - Member
24 2008 ATA Construction v. Jordan ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2) Jordan - Turkey BIT (1993) ICSID ICSID Investment: Contract concluded between ATA Construction and a State-controlled entity to construct a dike at a site on the Dead Sea; claims to money in the form of an award rendered in claimant's favour.

Summary: Claims arising out of the annulment by the Jordanian courts of an arbitral award rendered in favour of the claimant following a dispute arising from the collapse of a dike constructed by ATA for the Arab Potash Company, an entity based in Jordan and controlled by the respondent.
Contract concluded between ATA Construction and a State-controlled entity to construct a dike at a site on the Dead Sea; claims to money in the form of an award rendered in claimant's favour. Decided in favour of investor Jordan Turkey Tertiary: F - Construction 42 - Civil engineering Fortier, L. Y. - President

El-Kosheri, A. S. - Claimant

Reisman, W. M. - Respondent
5.90 mln USD Non-pecuniary relief Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment
Most-favoured nation treatment Award dated 18 May 2010 None ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order taking note of the discontinuance of the proceeding issued by the ad hoc Committee dated 11 July 2011, pursuant to ICSID Arbitration Rule 44 (ICSID annulment proceedings) None Guillaume, G. - President

Fernández-Armesto, J. - Member

Hanotiau, B. - Member
25 2008 Karmer Marble v. Georgia Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v. Georgia (ICSID Case No. ARB/08/19) Georgia - Turkey BIT (1992) ICSID ICSID Investment: Rights under a highway construction contract concluded with the Georgian Government.

Summary: Claims arising out of the alleged termination of Karmer Marble's contract to build a highway linking the cities of Batumi and Kobuleti in the Georgian region of Adjara and its replacement by a local company, in the context of Georgia's Rose Revolution.
Rights under a highway construction contract concluded with the Georgian Government. Decided in favour of investor Georgia Turkey Tertiary: F - Construction 42 - Civil engineering Lalonde, M. - President

Orrego Vicuña, F. - Claimant

Schwartz, E. - Respondent
Data not available Data not available Data not available Data not available Award dated 9 August 2012 None ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order taking note of the discontinuance of the annulment proceeding issued by the Secretary-General dated 10 January 2013, pursuant to ICSID Arbitration Rule 44 (ICSID annulment proceedings) None None
26 2008 Turkcell v. Iran Turkcell İletişim Hizmetleri A.Ş. v. The Islamic Republic of Iran Iran, Islamic Republic of - Turkey BIT (1996) UNCITRAL PCA Investment: Majority shareholding in the Irancell consortium through an Iranian special purpose vehicle announced as the winner for the second global system for mobile communication (GSM) license to be awarded in Iran, and contractual rights under such license agreement.

Summary: Claims arising out of Turkcell's participation in a tender process concerning a private GSM license in Iran and a change in Iranian's legislation preventing Turkcell to operate the project it had tendered for by requiring that the GSM license had to be run by a company which was majority owned by a domestic Iranian company, and Iran's subsequent assignment of the project to another operator.
Majority shareholding in the Irancell consortium through an Iranian special purpose vehicle announced as the winner for the second global system for mobile communication (GSM) license to be awarded in Iran, and contractual rights under such license agreement. Decided in favour of State Iran, Islamic Republic of Turkey Tertiary: J - Information and communication 61 - Telecommunications Kaplan, N. - President

Brower, C. N. - Unknown

Abedian, H. - Respondent
600.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Most-favoured nation treatment
None - jurisdiction declined Award dated 15 October 2014 Dissent of Charles N. Brower on particular issues (Award) None None None None None
27 2006 Barmek v. Azerbaijan Barmek Holding A.S. v. Republic of Azerbaijan (ICSID Case No. ARB/06/16) The Energy Charter Treaty (1994) ICSID ICSID Investment: Rights under a privatisation agreement relating to a long-term electricity distribution contract.

Summary: Claims arising out of the alleged breach of a contract concluded between the Government of Azerbaijan and the investor to provide electricity services in the cities of Baku and Sumgayit for 25 years, which in turn led to criminal accusations against Barmek's managers for embezzlement, “abuse of office” and the illegal sale of electricity.
Rights under a privatisation agreement relating to a long-term electricity distribution contract. Settled Azerbaijan Turkey Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Lowe, V. - President

Galbraith, P. W. - Claimant

Stern, B. - Respondent
460.00 mln USD Data not available Indirect expropriation Other Award embodying the parties' settlement agreement dated 28 September 2009 None None None None None None
28 2006 Sistem v. Kyrgyzstan Sistem Mühendislik Inşaat Sanayi ve Ticaret A.Ş. v. Kyrgyz Republic (ICSID Case No. ARB(AF)/06/1) Kyrgyzstan - Turkey BIT (1992) ICSID AF ICSID Investment: Ownership of a hotel in Kyrgyzstan.

Summary: Claims arising out of events following the investor's construction and operation of a hotel in Bishkek leading to the abrogation of its ownership rights in the hotel by local court decisions, after the overthrow of president Askar Akayev and his government during the Tulip Revolution of 2005.
Ownership of a hotel in Kyrgyzstan. Decided in favour of investor Kyrgyzstan Turkey Tertiary: F - Construction

Tertiary: I - Accommodation and food service activities
41 - Construction of buildings

55 - Accommodation
Lowe, V. - President

Patocchi, P. M. - Claimant

Elabary, N. - Respondent
24.70 mln USD 8.50 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment
Indirect expropriation Decision on Jurisdiction dated 13 September 2007

Award dated 9 September 2009
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Ontario Supreme Court Enforcement Decision dated 25 July 2012 (Judicial review by national courts) None None
29 2005 Rumeli v. Kazakhstan Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/05/16) Kazakhstan - Turkey BIT (1992) ICSID ICSID Investment: Shareholding in a local Kazakh telecoms company that had been awarded a license to operate the second mobile telephone network in Kazakhstan; know-how and marketing services in the field of telecommunications; guarantors of loans made by the locally-incorporated investment company.

Summary: Claims arising out of the government's termination of an investment contract for the creation and exploration of digital cellular radiotelephone connection on Kazakhstan.
Shareholding in a local Kazakh telecoms company that had been awarded a license to operate the second mobile telephone network in Kazakhstan; know-how and marketing services in the field of telecommunications; guarantors of loans made by the locally-incorporated investment company. Decided in favour of investor Kazakhstan Turkey Tertiary: J - Information and communication 61 - Telecommunications Hanotiau, B. - President

Lalonde, M. - Claimant

Boyd, S. - Respondent
458.00 mln USD 125.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award dated 29 July 2008 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision of the ad hoc Committee dated 25 March 2010 (ICSID annulment proceedings) None Schwebel, S. M. - President

McLachlan, C. A. - Member

Silva Romero, E. - Member
30 2003 Bayindir v. Pakistan Bayindir Insaat Turizm Ticaret Ve Sanayi A.S. v. Islamic Republic of Pakistan (ICSID Case No. ARB/03/29) Pakistan - Turkey BIT (1995) ICSID ICSID Investment: Highway construction contract to build a six-lane motorway entered into with an agency of the Pakistani government.

Summary: Claims arising out of the implementation of a construction contract concluded between the National Highway Authority of Pakistan and the investors.
Highway construction contract to build a six-lane motorway entered into with an agency of the Pakistani government. Decided in favour of State Pakistan Turkey Tertiary: F - Construction 42 - Civil engineering Kaufmann-Kohler, G. - President

Böckstiegel, K.-H. - Claimant

Berman, F. - Respondent
416.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
None - all claims dismissed at the merits stage Decision on Jurisdiction dated 14 November 2005

Award dated 27 August 2009
None None None None None None