Arbitral Digest

Matter

Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan (ICSID Case No. ARB/13/13)

Case no.
ARB/13/13
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 5 June 2012Arbitration

    5 June 2012Arbitration

    Caratube I Award dated 5 June 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Caratube I tribunal dismissed Caratube's claims for lack of jurisdiction and ordered Caratube to pay Kazakhstan USD 3.2 million in costs, comprising USD 3 million for legal costs and USD 200,000 to recoup part of the ICSID deposit.

    Supporting details

    2 participants
    Caratube International Oil Company LLP
    Republic of Kazakhstan
    International Centre for Settlement of Investment Disputes

    1 year, 8 months and 16 days later · 626 days

  2. 21 February 2014Arbitration

    21 February 2014Arbitration

    Decision on the Annulment Application of Caratube International Oil Company LLP dated 21 February 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee dismissed Caratube's application for annulment of the 5 June 2012 Award. Each Party was ordered to bear its own legal fees and expenses, and Caratube was ordered to bear the direct costs of the annulment proceeding.

    Supporting details

    1 authority · 2 participants
    Caratube International Oil Company LLP
    Republic of Kazakhstan
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute

    27 days later · 27 days

  3. 20 March 2014Arbitration

    20 March 2014Arbitration

    Decision on the Proposal for Disqualification of Arbitrator Bruno Boesch dated 20 March 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The unchallenged arbitrators upheld the Claimants' proposal to disqualify Bruno Boesch and reserved costs for a later decision.

    Supporting details

    3 authorities · 6 participants
    Caratube International Oil Company LLP
    Devincci Salah Hourani
    Republic of Kazakhstan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Laurent Aynes
    Arbitrator
    Bruno Boesch
    Tribunal secretary
    Milanka Kostadinova

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Compania de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic (ICSID Case No. ARB/97/3, Decision on Challenge, 3 October 2001)
      case-law
    • EnCana Corporation v. Republic of Ecuador (Partial Award on Jurisdiction, 27 February 2004)
      case-law

    8 months and 14 days later · 259 days

  4. 4 December 2014Arbitration

    4 December 2014Arbitration

    Decision on the Claimants' Request for Provisional Measures dated 4 December 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimants' amended request for provisional measures. Each Party was ordered to bear its own costs, while the Tribunal's costs were to be determined in the Final Award.

    Supporting details

    4 authorities · 11 participants
    Caratube International Oil Company LLP
    Devincci Salah Hourani
    Republic of Kazakhstan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Laurent Aynes
    Arbitrator
    Jacques Sales
    Tribunal secretary
    Milanka Kostadinova
    Tribunal secretary
    Silja Schaffstein
    Other
    Expert
    Hadi Slim

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Vienna Convention on the Law of Treaties, 23 May 1969
      statute
    • Perenco Ecuador Limited v. Republic of Ecuador and Empresa Estatal Petroleos del Ecuador
      case-law
    • Quiborax S.A. and Non-Metallic Minerals S.A. v. Plurinational State of Bolivia
      case-law

    2 years, 9 months and 23 days later · 1028 days

  5. 27 September 2017Arbitration

    27 September 2017Arbitration

    Award dated 27 September 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal accepted jurisdiction over Caratube's claims under the Contract but denied jurisdiction over Devincci Salah Hourani's claims. It found that Kazakhstan breached obligations towards Caratube under the Contract, Kazakh law, the Foreign Investment Law and/or international law, and ordered Kazakhstan to pay Caratube USD 39.2 million plus interest at LIBOR + 2% compounded semi-annually from 31 January 2008 until payment in full. The Parties were ordered to share the arbitration costs equally, with Kazakhstan to reimburse Caratube USD 1,207,757.44, and each Party was ordered to bear its own legal fees, costs and expenses.

    Supporting details

    5 authorities · 21 participants
    Caratube International Oil Company LLP
    Devincci Salah Hourani
    Republic of Kazakhstan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Laurent Aynes
    Arbitrator
    Jacques Sales
    Tribunal secretary
    Milanka Kostadinova
    Tribunal secretary
    Silja Schaffstein
    Other
    Witness
    Omar Antar

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Treaty Between the United States of America and the Republic of Kazakhstan Concerning the Encouragement and Reciprocal Protection of Investment (US-Kazakhstan Bilateral Investment Treaty, 19 May 1992)
      statute
    • Kazakhstan Foreign Investment Law
      statute
    • Kazakhstan Law on Oil
      statute
    • Kazakhstan Subsoil Law
      statute

    2 years, 2 months and 15 days later · 806 days

  6. 12 December 2019Arbitration

    12 December 2019Arbitration

    Decision on Stay of Enforcement of the Award dated 12 December 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee rejected the Claimants' request to lift the stay of enforcement, ordered that the stay be maintained without conditions or security pending its decision on the annulment application, and retained power to modify or terminate the stay. The decision on costs for the stay proceedings was reserved for the final annulment decision.

    Supporting details

    3 authorities · 7 participants
    Caratube International Oil Company LLP
    Devincci Salah Hourani
    Republic of Kazakhstan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta
    Arbitrator
    Lawrence Boo
    Tribunal secretary
    Milanka Kostadinova

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Joseph C. Lemire v. Ukraine (ICSID Case No. ARB/06/18)
      case-law
    • Quiborax S.A. and Non-Metallic Minerals S.A. v. Plurinational State of Bolivia
      case-law

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Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan (ICSID Case No. ARB/13/13) · Matter