Arbitral Digest

Matter

Mirian G. Dekanoidze and T.G. Trade LLC v. Georgia (ICSID Case No. ARB/23/45)

Case no.
ARB/23/45
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 5 September 2024France

    5 September 2024France

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the applicable ICSID Arbitration Rules, confirmed its constitution and declarations, set procedural powers and party representation, allocated direct proceeding costs and advance payments, and fixed Paris, France as the place of the proceeding.

    Supporting details

    2 authorities · 6 participants
    Mirian G. Dekanoidze
    Turkmenistan Georgia Trade LLC
    Georgia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Judith Levine
    Arbitrator
    Hamid Gharavi

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 14 October 1966)
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules effective 1 July 2022)
      rules
  2. 5 September 2024France

    5 September 2024France

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted the transparency and confidentiality regime for the proceeding, including the treatment of Awards, orders and decisions, written submissions, supporting documents, hearings, and hearing records.

    Supporting details

    3 authorities · 2 participants
    Georgia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Judith Levine

    Authorities cited

    3
    • Treaty between the Government of the United States of America and the Government of Georgia Concerning the Encouragement and Reciprocal Protection of Investment (US-Georgia Bilateral Investment Treaty, signed 7 March 1994)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 14 October 1966)
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules effective 1 July 2022)
      rules

    2 months and 8 days later · 69 days

  3. 13 November 2024France

    13 November 2024France

    Procedural Order No. 3 on the Organization of the Hearing on the Rule 41 Objection

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization, format, schedule, time allocation, and related procedural arrangements for the hearing on the Respondent's Rule 41 Objection scheduled for 19 November 2024.

    Supporting details

    1 authority · 3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Judith Levine
    Arbitrator
    Hamid Gharavi

    Authorities cited

    1
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules effective 1 July 2022)
      rules

    12 days later · 12 days

  4. 25 November 2024France

    25 November 2024France

    Procedural Order No. 4 on Post-Hearing Matters

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed corrections to the hearing transcript, ordered simultaneous costs submissions by 9 December 2024, and accepted and attached the revised procedural timetable for the proceeding.

    Supporting details

    1 authority · 3 participants
    Mirian G. Dekanoidze
    Georgia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Judith Levine

    Authorities cited

    1
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules effective 1 July 2022)
      rules

    1 month and 26 days later · 56 days

  5. 20 January 2025France

    20 January 2025France

    Decision on the Respondent's Rule 41 Objection

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously dismissed the Respondent's objections under Rule 41(1), reserved until a later date any determinations as to costs connected with those objections, directed that the arbitration continue under the procedural timetable, and confirmed that the finding that the claims were not manifestly without legal merit was without prejudice to later preliminary objections or arguments on legal merit.

    Supporting details

    6 authorities · 19 participants
    Mirian G. Dekanoidze
    Representative
    Michael Ostrove (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Theobald Naud (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Hussein Haeri (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Robert Kovacs (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Claudia Baro Huelmo (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Maanya Tandon (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Michaela Manca (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Zsofia Deli (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Tessa Hall (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Turkmenistan Georgia Trade LLC
    Representative
    Michael Ostrove (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Theobald Naud (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Hussein Haeri (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Robert Kovacs (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Claudia Baro Huelmo (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Maanya Tandon (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Michaela Manca (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Zsofia Deli (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Representative
    Tessa Hall (For: Mirian G. Dekanoidze · Turkmenistan Georgia Trade LLC)
    Georgia
    Representative
    Lara Elborno (For: Georgia)
    Representative
    Van Z Krikorian (For: Georgia)
    Representative
    Irakli Mgaloblishvili (For: Georgia)
    Representative
    Mariam Antia (For: Georgia)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Judith Levine
    Arbitrator
    Hamid Gharavi

    Authorities cited

    6
    • Treaty between the Government of the United States of America and the Government of Georgia Concerning the Encouragement and Reciprocal Protection of Investment (US-Georgia Bilateral Investment Treaty, signed 7 March 1994)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 14 October 1966)
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules effective 1 July 2022)
      rules
    • Organic Law of Georgia on Georgian Citizenship
      statute
    • Civil Code of Georgia, 26 June 1997
      statute
    • Judgment of the Supreme Court of Georgia (Supreme Court of Georgia judgment, 29 March 2019)
      case-law

    6 months and 12 days later · 193 days

  6. 1 August 2025France

    1 August 2025France

    Procedural Order No. 5 on Respondent's Request for Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent's Request for Bifurcation under Rule 44, directed a separate preliminary phase for the specified jurisdictional objections, adopted the corresponding procedural timetable, reserved costs, and invited the Parties to confer on the format of the hearing and a possible case management conference.

    Supporting details

    5 authorities · 6 participants
    Mirian G. Dekanoidze
    Turkmenistan Georgia Trade LLC
    Georgia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Judith Levine
    Arbitrator
    Hamid Gharavi

    Authorities cited

    5
    • Treaty between the Government of the United States of America and the Government of Georgia Concerning the Encouragement and Reciprocal Protection of Investment (US-Georgia Bilateral Investment Treaty, signed 7 March 1994)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 14 October 1966)
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules effective 1 July 2022)
      rules
    • Organic Law of Georgia on Georgian Citizenship
      statute
    • Civil Code of Georgia, 26 June 1997
      statute

Matter record

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Mirian G. Dekanoidze and T.G. Trade LLC v. Georgia (ICSID Case No. ARB/23/45) · Matter