Arbitral Digest

Matter

Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14)

Case no.
ARB/07/14
  1. 22 June 2010Arbitration

    22 June 2010Arbitration

    Award in Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan dated 22 June 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld its jurisdiction to consider the claims, found that Kazakhstan was not liable under the Energy Charter Treaty or the Licence, and denied the remaining claims. The costs of arbitration were divided equally between the claimants and Kazakhstan, with each party bearing its own legal representation costs.

    Supporting details

    20 authorities · 16 participants
    Liman Caspian Oil BV
    Representative
    Audley Sheppard (For: Liman Caspian Oil BV)
    Representative
    Alexandros Panayides (For: Liman Caspian Oil BV)
    Representative
    Gareth Kenny (For: Liman Caspian Oil BV)
    Representative
    Christina Schuetz (For: Liman Caspian Oil BV)
    NCL Dutch Investment BV
    Republic of Kazakhstan
    Representative
    Ali Malek (For: Republic of Kazakhstan)
    Representative
    Christopher Harris (For: Republic of Kazakhstan)
    Representative
    David Warne (For: Republic of Kazakhstan)
    Representative
    Belinda Paisley (For: Republic of Kazakhstan)
    Representative
    Chloe Carswell (For: Republic of Kazakhstan)
    Representative
    Dina Nazargalina (For: Republic of Kazakhstan)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Kaj Hober
    Arbitrator
    James Crawford

    Authorities cited

    20
    • Energy Charter Treaty
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      convention
    • Kazakhstan Law of 10 July 1998 No. 281-1 on Joint-Stock Companies
      statute
    • Republic of Kazakhstan Law No. 266-XIII of 27 December 1994 Concerning Foreign Investments
      statute
    • Republic of Kazakhstan Law No. 373 of 8 January 2003 Concerning Investments
      statute
    • Vienna Convention on the Law of Treaties
      convention
    • Inceysa v. El Salvador
      case-law
    • World Duty Free v. Kenya
      case-law
    • Plama v. Bulgaria
      case-law
    • Mondev v. United States of America
      case-law
    • ELSI
      case-law
    • Loewen v. United States of America
      case-law
    • Waste Management v. Mexico
      case-law
    • Azinian v. Mexico
      case-law
    • AMCO II
      case-law
    • CME v. Czech Republic
      case-law
    • Azurix v. Argentine Republic
      case-law
    • Occidental v. Ecuador
      case-law
    • Siemens v. Argentina
      case-law
    • Saluka
      case-law

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Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14) · Matter