Caratube and Devincci Salah Hourani v. Kazakhstan (2)

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Case Details

Year of Filing: 2013

Claimant(s): Caratube International Oil Company LLP and Devincci Salah Hourani

Respondent(s): Republic of Kazakhstan

Arbitral Rules: ICSID

Legal Instrument: Domestic Law, Treaty

Treaty: Kazakhstan-USA BIT

Administrative Case Number: ARB/13/13

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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ICSID ad hoc committee extends stay of enforcement of Caratube II award, referring to the claimants’ conduct relative to previous arbitration Dec 19, 2019

Caratube v. Kazakhstan (II): Parties resume previously-suspended annulment proceedings; an ICSID ad hoc committee is formed, with Eduardo Zuleta tapped to chair Sep 26, 2019

Kazakhstan seeks to annul unfavourable arbitral award from Caratube International Oil Company case Feb 5, 2018

In jurisdiction discussion in Caratube v. Kazakhstan II case, arbitrators grapple with res judicata effects of first ICSID award, see a contractual basis for new claims, and consider 1994 foreign investment law Oct 1, 2017

At merits stage of Caratube II case, majority of tribunal sees an unlawful expropriation of oil contract rights, following from shifting political winds Oct 1, 2017

In their assessment of damages for expropriation of oil contract rights, arbitrators see no basis for lost-profits award or moral damages and instead reimburse Caratube for its sunk costs Oct 1, 2017

Tribunal weighs in with a ruling in Caratube v. Kazakhstan case on highly-charged request for provisional measures focused on murder investigations Dec 30, 2014

Appearance of possible prejudgment of key issues leads to unprecedented disqualification of ICSID arbitrator at the hands of colleagues Mar 20, 2014

Claimants seek to disqualify arbitrator chosen by Kazakhstan in high-stakes energy arbitration Feb 3, 2014

Arbitrators picked for Venezuela, Costa Rica and Kazakhstan cases, and replacement is named after disqualification in Burlington v. Ecuador Jan 13, 2014

Caratube oil company takes new tack in dispute with Kazakhstan: new claims brought to ICSID while earlier losing award remains under review Jun 18, 2013