Arbitral Digest

Matter

Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)

Case no.
ARB/08/13
Seat
United States
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 21 October 2009United States

    21 October 2009United States

    Procedural Order No. 1 dated 21 October 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted one of the Respondent's requests for production of documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 2 days later · 63 days

  2. 23 December 2009United States

    23 December 2009United States

    Order dated 23 December 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established a schedule for written pleadings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 days later · 7 days

  3. 30 December 2009United States

    30 December 2009United States

    Order dated 30 December 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal amended the schedule for written pleadings following a request by the Respondent and consideration of the Claimant's objections.

    Supporting details

    International Centre for Settlement of Investment Disputes

    22 days later · 22 days

  4. 21 January 2010United States

    21 January 2010United States

    Procedural Order No. 2 dated 21 January 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal gave directions concerning the Respondent's second request for document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    26 days later · 26 days

  5. 16 February 2010United States

    16 February 2010United States

    Order dated 16 February 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted certain of the Respondent's requests for document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 7 days later · 66 days

  6. 23 April 2010United States

    23 April 2010United States

    Procedural Order No. 3 dated 23 April 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declined to bifurcate the proceedings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    26 days later · 26 days

  7. 19 May 2010United States

    19 May 2010United States

    Procedural Order No. 4 dated 19 May 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal approved the parties' joint request to extend the procedural calendar by 90 days.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 12 days later · 43 days

  8. 1 July 2010United States

    1 July 2010United States

    Procedural Order No. 5 dated 1 July 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partly granted the Claimant's request for production of documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 6 days later · 98 days

  9. 7 October 2010United States

    7 October 2010United States

    Procedural Order No. 6 dated 7 October 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partly granted the Respondent's request for production of documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 19 days later · 50 days

  10. 26 November 2010United States

    26 November 2010United States

    Procedural Order No. 7 dated 26 November 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted certain of the Claimant's requests for production of documents and noted the Respondent's agreement to produce certain documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 7 months and 20 days later · 598 days

  11. 16 July 2012United States

    16 July 2012United States

    Award in ICSID Case No. ARB/08/13 dated 16 July 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal's majority dismissed with prejudice all claims for lack of jurisdiction under the Netherlands-Turkey BIT and the Energy Charter Treaty. Each side was directed to bear its own legal expenses, and the costs of arbitration were divided equally between the parties.

    Supporting details

    6 authorities · 18 participants
    Alapli Elektrik B.V.
    Representative
    Mr. Robert Volterra (For: Alapli Elektrik B.V.)
    Representative
    Mr. Stephen Fietta (For: Alapli Elektrik B.V.)
    Representative
    Volterra Fietta (For: Alapli Elektrik B.V.)
    Representative
    Ms. Aimee-Jane Lee (For: Alapli Elektrik B.V.)
    Representative
    Mr. Charles Claypoole (For: Alapli Elektrik B.V.)
    Representative
    Ms. Catriona Paterson (For: Alapli Elektrik B.V.)
    Representative
    Sebastian Seelmann-Eggebert (For: Alapli Elektrik B.V.)
    Republic of Turkey
    Representative
    Latham & Watkins (For: Republic of Turkey)
    Representative
    Mr. Stanimir Alexandrov (For: Republic of Turkey)
    Representative
    Ms. Marinn Carlsson (For: Republic of Turkey)
    Representative
    Ms. Jennifer Haworth McCandless (For: Republic of Turkey)
    Representative
    Sidley Austin LLP (For: Republic of Turkey)
    Representative
    Mr. Daniel M. Price (For: Republic of Turkey)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    6
    • Energy Charter Treaty
      treaty
    • Agreement on Reciprocal Encouragement and Protection of Investments between the Kingdom of the Netherlands and the Republic of Turkey (Netherlands-Turkey BIT, 27 March 1986)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 18 March 1965)
      convention
    • Vienna Convention on the Law of Treaties, 1969
      convention
    • Turkish Law No. 4501
      statute
    • Turkish Law No. 4628
      statute

Matter record

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Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13) · Matter