Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID.

Document includes:
Partially Dissenting Opinion Professor Philippe Sands QC
Partially Dissenting Opinion Carolyn B. Lamm

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Case report (free download)

Case Report by Radhika Agarwal, editor Maria I. Pradilla Picas

Summary

In the Award rendered on 8 March 2016, which was accompanied by the dissenting opinions of both the Claimant- and the Respondent-appointed arbitrator, the Tribunal decided that it had jurisdiction to hear the dispute between Içkale Insaat Limited Sirketi and the Republic of Turkmenistan and that the Claimant's claims were admissible. The Tribunal also found that none of the claims made by the Claimant had merit and hence dismissed them in their entirety.

Main Issues

Jurisdiction - Consent - Fork in the Road; Nature of Claims - Whether Treaty Claims or Contract Claims; Protection and Treatment of Investments - Fair and Equitable Treatment - Non-discrimination; Expropriation

Içkale Insaat Limited Sirketi v. Turkmenistan (ICSID Case No. ARB/10/24) - Award, 8 March 2016 (English)

Case report provided by International Arbitration Case Law (IACL)