ICSID - International Centre for Settlement of Investment Disputes

10/16/2023 | Press release | Distributed by Public on 10/17/2023 04:20

Alhambra Resources Ltd. and Alhambra Coӧperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12)

Alhambra Resources Ltd. and Alhambra Coӧperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12)

  • Subject of Dispute:
    Mining concession
  • Economic Sector:
    Oil, Gas & Mining
  • Instrument(s) Invoked: (i)
    BIT Netherlands - Kazakhstan 2002 - Investment Law - Kazakhstan (1994)
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    Alhambra Coӧperatief U.A. (Dutch), Alhambra Resources Ltd. (Canadian)
  • Respondent(s):
    Republic of Kazakhstan (Kazakhstani)
  • Date Registered:
    April 5, 2016
  • Date of Constitution of Tribunal:
    July 12, 2016
  • Party Representatives

  • Claimant(s):
    Jones Day, Washington, D.C., U.S.A. and London, U.K.
  • Respondent(s):
    Reed Smith, London, U.K.
    Alison Macdonald, Matrix Chambers, London, U.K.
    Paul Choon Kiat Wee, 3 Verulam Buildings, London, U.K.
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    November 16, 2020 - The Tribunal renders its award.

(b) Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    March 23, 2021
  • Date of Constitution of ad hoc Committee:
    April 15, 2021
  • Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

  • President:
    Lawrence BOO (Singaporean)
  • Members:
    Doug JONES (Australian, Irish)
    Penelope RIDINGS (New Zealand)
  • Party Representatives

  • Claimant(s):
    Jones Day, Washington, D.C., U.S.A.
    Baiju Vasani
  • Respondent(s):
    Reed Smith, London, U.K.
    Alison Macdonald, Essex Court Chambers, London, U.K.
    Paul Choon Kiat Wee, Essex Court Chambers, London, U.K.
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    March 10, 2023 - The ad hoc Committee issues its decision on annulment.

(c) Second Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Respondent(s)
  • Date Registered:
    March 23, 2021
  • Date of Constitution of Tribunal:
    April 15, 2021
  • Party Representatives

  • Claimant(s):
    Jones Day, Washington, D.C., U.S.A.
    Baiju Vasani
  • Respondent(s):
    Reed Smith, London, U.K.
    Alison Macdonald, Essex Court Chambers, London, U.K.
    Paul Choon Kiat Wee, Essex Court Chambers, London, U.K.
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    March 10, 2023 - The ad hoc Committee issues its decision on annulment.

(d) Resubmission Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    October 16, 2023
  • Party Representatives

  • Claimant(s):
    Jones Day, Washington, D.C., U.S.A. and London, U.K.
  • Respondent(s):
    ReedSmith, London, U.K.
    Alison Macdonald, Essex Court Chambers, London, U.K.
    Paul Choon Kiat Wee, Essex Court Chambers, London, U.K.
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Pending
  • Latest Development:
    October 16, 2023 - The Secretary-General registers a request for resubmission of the dispute to a new tribunal.

No References Available.

(a) Original Proceeding

Date Development
April 5, 2016 The Secretary-General registers a request for the institution of arbitration proceedings.
June 15, 2016

Following appointment by the Claimants, John Beechey (British) accepts his appointment as arbitrator.

June 15, 2016

Following appointment by the Respondent, Jean Kalicki (U.S.) accepts her appointment as arbitrator.

July 12, 2016

Following appointment by his co-arbitrators, Hans van Houtte (Belgian) accepts his appointment as presiding arbitrator.

July 12, 2016

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Hans van Houtte (Belgian), President, appointed by his co-arbitrators; John Beechey (British), appointed by the Claimants; and Jean E. Kalicki (U.S.), appointed by the Respondent.

July 25, 2016 The Claimants file a request for provisional measures.
August 17, 2016 The Respondent files observations on the Claimants' request for provisional measures.
August 22, 2016 The Tribunal holds a first session by telephone conference.
September 2, 2016 The Claimants file a response to the Respondent's observations of August 17, 2016.
September 15, 2016 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 16, 2016 The Respondent files a response to the Claimants' observations of September 2, 2016.
October 10, 2016 The Tribunal holds a hearing on provisional measures in London.
November 9, 2016 The Tribunal issues Procedural Order No. 2 concerning provisional measures.
February 6, 2017 The Claimants file a memorial on the merits.
February 23, 2017 The Tribunal issues Procedural Order No. 3 concerning provisional measures.
March 20, 2017 The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 17, 2017 The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
April 24, 2017 The Respondent files a response to the Claimants' observations of April 17, 2017.
April 28, 2017 The Claimants file further observations on the Respondent's response of April 24, 2017.
May 19, 2017 The Tribunal issues Procedural Order No. 4 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
October 30, 2017

The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.

December 12, 2017

The Tribunal issues Procedural Order No. 5 concerning the procedural calendar and the production of documents.

February 2, 2018

The Tribunal issues Procedural Order No. 6 concerning production of documents.

April 9, 2018

The Claimants file a reply on the merits and a counter-memorial on jurisdiction.

May 1, 2018

The Tribunal issues Procedural Order No. 7 concerning production of documents.

June 15, 2018

Following appointment by the Respondent, Jean Kalicki (U.S.) accepts her appointment as arbitrator.

September 14, 2018

The Tribunal issues Procedural Order No. 8 concerning the procedural calendar.

September 17, 2018

The Respondent files a rejoinder on merits and reply on jurisdiction.

October 12, 2018

The President holds a pre-hearing organizational meeting with the parties by telephone conference.

October 19, 2018

The Tribunal issues Procedural Order No. 9 concerning hearing organization.

November 26, 2018 - December 5, 2018

The Tribunal holds a hearing on the merits in Washington, D.C.

December 23, 2018

The Tribunal poses questions to the parties.

January 29, 2019

The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.

February 8, 2019

Each party files answers to the questions posed by the Tribunal on December 23, 2018.

February 26, 2019 - February 28, 2019

The Tribunal holds a hearing on the merits in London.

March 28, 2019

Each party files a statement of costs.

June 20, 2019

The Claimants file a resubmitted statement of costs.

November 6, 2019

The Tribunal poses questions to the parties.

November 15, 2019

The Claimants file answers to the questions posed by the Tribunal on November 6, 2019.

December 2, 2019

The Respondent files a response to the Claimants' answers of November 15, 2019.

December 9, 2019

The Claimants file a response to the Respondent's observations of December 2, 2019.

December 16, 2019

The Respondent files further observations on the Claimants' response of December 9, 2019.

January 15, 2020

The Tribunal poses questions to the parties.

February 10, 2020

Each party files answers to the questions posed by the Tribunal on January 15, 2020.

November 9, 2020

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

November 16, 2020

The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
March 23, 2021

The Secretary-General registers an application for partial annulment of the award filed by Alhambra Cooperatief U.A.

April 15, 2021

The ad hocCommittee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lawrence Boo (Singaporean), President; Doug Jones (Australian/Irish); and Penelope Ridings (New Zealand); all members appointed by the Chairman of the Administrative Council.

June 8, 2021

The ad hoc Committee holds a first session by video conference.

June 13, 2021

The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.

August 2, 2021

The Republic of Kazakhstan files a request for the ad hocCommittee to decide on the admissibility of new evidence.

August 6, 2021

Alhambra Coӧperatief U.A. files observations on the Republic of Kazakhstan's request of August 2, 2021.

August 9, 2021

The Republic of Kazakhstan files a response to Alhambra Coӧperatief U.A.'s observations of August 6, 2021.

August 17, 2021

The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence.

August 18, 2021

The Republic of Kazakhstan files a memorial on annulment.

August 20, 2021

Alhambra Cooperatief U.A. files a memorial on annulment.

October 29, 2021

The Republic of Kazakhstan files a counter-memorial on annulment.

October 29, 2021

Alhambra Cooperatief U.A. files a counter-memorial on annulment.

February 1, 2022

The ad hocCommittee holds a case management conference with the parties by video conference.

February 3, 2022

The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.

April 8, 2022

Alhambra Cooperatief U.A. files a rejoinder on annulment.

April 8, 2022

The Republic of Kazakhstan files a rejoinder on annulment.

May 9, 2022

The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.

May 11, 2022

The ad hoc Committee issues Procedural Order No. 4 concerning the organization of the hearing.

June 6, 2022 - June 8, 2022

The ad hoc Committee holds a hearing on annulment by video conference.

August 22, 2022

Each party files a statement of costs.

August 30, 2022

Each party files a submission on costs.

February 8, 2023

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).

March 10, 2023

The ad hoc Committee issues its decision on annulment.

(c) Second Annulment Proceeding

Date Development
March 23, 2021

The Secretary-General registers an application for partial annulment of the award filed by the Republic of Kazakhstan.

April 15, 2021

The ad hocCommittee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lawrence Boo (Singaporean), President; Doug Jones (Australian/Irish); and Penelope Ridings (New Zealand); all members appointed by the Chairman of the Administrative Council.

June 8, 2021

The ad hoc Committee holds a first session by video conference.

June 13, 2021

The ad hocCommittee issues Procedural Order No. 1 concerning procedural matters.

August 2, 2021

The Republic of Kazakhstan files a request for the ad hocCommittee to decide on the admissibility of new evidence.

August 6, 2021

Alhambra Coӧperatief U.A. files observations on the Republic of Kazakhstan's request of August 2, 2021.

August 9, 2021

The Republic of Kazakhstan files a response to Alhambra Coӧperatief U.A.'s observations of August 6, 2021.

August 17, 2021

The ad hocCommittee issues Procedural Order No. 2 concerning the admissibility of new evidence.

August 18, 2021

The Republic of Kazakhstan files a memorial on annulment.

August 20, 2021

Alhambra Cooperatief U.A. files a memorial on annulment.

October 29, 2021

Alhambra Cooperatief U.A. files a counter-memorial on annulment.

February 1, 2022

The ad hocCommittee holds a case management conference with the parties by video conference.

February 3, 2022

The ad hocCommittee issues Procedural Order No. 3 concerning procedural matters.

April 8, 2022

Alhambra Cooperatief U.A. files a rejoinder on annulment.

April 8, 2022

The Republic of Kazakhstan files a rejoinder on annulment.

May 9, 2022

The ad hocCommittee holds a pre-hearing organizational meeting with the parties by video conference.

May 11, 2022

The ad hocCommittee issues Procedural Order No. 4 concerning the organization of the hearing.

June 6, 2022 - June 8, 2022

The ad hocCommittee holds a hearing on annulment by video conference.

August 22, 2022

Each party files a statement of costs.

August 30, 2022

Each party files a submission on costs.

February 8, 2023

The ad hocCommittee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).

March 10, 2023

The ad hoc Committee issues its decision on annulment.

(d) Resubmission Proceeding

Date Development
October 16, 2023

The Secretary-General registers a request for resubmission of the dispute to a new tribunal.