Kazakhstan

Kazakhstan

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2018 Windoor v. Kazakhstan AS Windoor v. Republic of Kazakhstan (ICSID Case No. ARB/18/32) Estonia - Kazakhstan BIT (2011) ICSID ICSID Investment: Contract with a local company, “Baltiiski Dom”, to design, manufacture, supply and install glass-aluminium structures for the construction of a façade of a business and conference center in Astana.

Summary: Claims arising out of the Government’s alleged failure to enforce payment of a guarantee issued by state-owned company “Diplomat Stroi Servis” for a real estate project involving the claimant and a local company. Allegedly, the local company had failed to make payments due under the construction contract and the claimant was unable to collect the guarantee, despite having obtained an SCC arbitration award against “Diplomat Stroi Servis” to cover the debt.
Contract with a local company, “Baltiiski Dom”, to design, manufacture, supply and install glass-aluminium structures for the construction of a façade of a business and conference center in Astana. Pending Kazakhstan Estonia Tertiary: F - Construction 41 - Construction of buildings Schill, S. - Claimant

Stern, B. - Respondent

Simma, B. - President
23.00 mln EUR (26.70 mln USD) Data not available Data not available Pending None None None None None None None
2 2017 Big Sky Energy v. Kazakhstan Big Sky Energy Corporation v. Republic of Kazakhstan (ICSID Case No. ARB/17/22) Kazakhstan - United States of America BIT (1992) ICSID ICSID Investment: Indirect shareholding through Canadian subsidiary Big Sky Energy Kazakhstan Ltd. (“Big Sky Canada”) in Kazakhstani oil and gas company Kozhan LLP, which held exploration and development rights to three oil fields in Kazakhstan.

Summary: Claims arising out of a series of alleged illegal actions by the Government and its courts, including domestic judicial proceedings through which Big Sky Canada allegedly lost its 100 per cent shareholding in Kozan to the original Kazakhstani shareholders, without being compensated for the dispossession.
Indirect shareholding through Canadian subsidiary Big Sky Energy Kazakhstan Ltd. (“Big Sky Canada”) in Kazakhstani oil and gas company Kozhan LLP, which held exploration and development rights to three oil fields in Kazakhstan. Decided in favour of State Kazakhstan United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Cremades, B. M. - President

Moser, M. J. - President (replaced)

Alexandrov, S. A. - Claimant

Tomka, P. - Respondent

Knieper, R. - Respondent (replaced)
460.10 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment

Indirect expropriation

Other
None - all claims dismissed at the merits stage Award dated 24 November 2021 None None None None None None
3 2016 Alhambra v. Kazakhstan Alhambra Resources Ltd. and Alhambra Coӧperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12) Kazakhstan - Netherlands BIT (2002) ICSID ICSID Investment: Rights under two gold mining licences held by the claimants’ local subsidiary, Joint Venture Saga Creek Gold Company LLP, and an exploration and exploitation contract with the Republic of Kazakhstan.

Summary: Claims arising out of an allegedly unlawful assessment of taxes on the claimants’ local subsidiary Saga Creek, the withholding of required mining and financing approvals and other actions of the Government, which allegedly culminated in the bankruptcy of Saga Creek in 2015.
Rights under two gold mining licences held by the claimants’ local subsidiary, Joint Venture Saga Creek Gold Company LLP, and an exploration and exploitation contract with the Republic of Kazakhstan. Decided in favour of investor Kazakhstan Netherlands

Canada
Primary: B - Mining and quarrying 7 - Mining of metal ores van Houtte, H. - President

Beechey, J. - Claimant

Kalicki, J. E. - Respondent
100.00 mln USD Data not available Data not available Data not available Award dated 16 November 2020 None ICSID annulment proceedings

ICSID resubmission proceedings
Award/decision partially annulled (ICSID annulment proceedings)

Pending (ICSID resubmission proceedings)
Decision on Annulment dated 10 March 2023 (ICSID annulment proceedings) None Boo, L. - President

Jones, D. - Member

Ridings, P. - Member
4 2016 Gold Pool v. Kazakhstan Gold Pool Limited Partnership v. Republic of Kazakhstan (PCA Case No. 2016-23) Canada - Russian Federation BIT (1989) UNCITRAL PCA Investment: Management contract rights to operate certain gold mines in Kazakhstan.

Summary: Claims arising out of the allegedly wrongful termination in 1997 of the claimant’s management contract rights to operate certain gold mines in Kazakhstan.
Management contract rights to operate certain gold mines in Kazakhstan. Decided in favour of State Kazakhstan Canada Primary: B - Mining and quarrying 7 - Mining of metal ores van den Berg, A. J. - President

Williams, D. A. R. - Claimant

Bottini, G. - Respondent
917.00 mln USD Data not available Data not available None - jurisdiction declined Award dated 30 July 2020 None Judicial review by national courts Award/decision set aside in its entirety (Judicial review by national courts) Judgment of the High Court of Justice of England and Wales dated 15 December 2021 (Judicial review by national courts) None None
5 2015 Aktau Petrol v. Kazakhstan Aktau Petrol Ticaret A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/15/8) Kazakhstan - Turkey BIT (1992)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Ownership of enterprise engaged in oil transportation.

Summary: Claims arising out of a series of measures taken by the respondent's courts, which allegedly resulted in the unlawful transfer of claimant's assets to a third party, connected to the government.
Ownership of enterprise engaged in oil transportation. Decided in favour of investor Kazakhstan Türkiye Tertiary: H - Transportation and storage 49 - Land transport and transport via pipelines Binnie, I. - President

Hanotiau, B. - Claimant

Bethlehem, D. - Respondent
150.00 mln USD 22.70 mln USD Data not available Data not available Award dated 13 November 2017 None ICSID annulment proceedings Unknown (ICSID annulment proceedings) Decision on Annulment dated 21 June 2019 (ICSID annulment proceedings) None Donoghue, J. E. - President

Malintoppi, L. - Member

Oda, H. - Member
6 2015 Hourani v. Kazakhstan Devincci Salah Hourani and Issam Salah Hourani v. Republic of Kazakhstan (ICSID Case No. ARB/15/13) Kazakhstan - United Kingdom BIT (1995)

Kazakhstan - United States of America BIT (1992)
ICSID ICSID Investment: Ownership of pharmaceuticals manufacturer, Pharm Industry.

Summary: Claims arising out of the alleged unlawful expropriation and liquidation of a pharmaceuticals manufacturer, Pharm Industry including the alleged seizure of a 10-hectare plot of land transferred from Issam Hourani to Pharm Industry as well as the annulment of a decree that had granted Pharm Industry ownership of a 42-hectare plot of land.
Ownership of pharmaceuticals manufacturer, Pharm Industry. Settled Kazakhstan United Kingdom

United States of America
Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Hoffmann, A. - Claimant

Thomas, J. C. - Respondent

Sachs, K. - President
170.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 15 July 2020 None None None None None None
7 2015 Mağdenli v. Kazakhstan Mağdenli Yer Hizmetleri ve Taşıma Anonim Şirketi v. Kazakhstan Kazakhstan - Turkey BIT (1992) ICC ICC Investment: Shareholding of 50 per cent in “ATMA - Atyrau Airport and Transportation” JSC, a local joint venture company providing services in the aviation sector.

Summary: Claims arising out of the Government’s alleged measures to deprive the claimant of its business in aircraft refueling, cargo handling and helicopter services at the Atyrau airport. The Government allegedly established another airport operator.
Shareholding of 50 per cent in “ATMA - Atyrau Airport and Transportation” JSC, a local joint venture company providing services in the aviation sector. Decided in favour of State Kazakhstan Türkiye Tertiary: H - Transportation and storage 52 - Warehousing and support activities for transportation Sacerdoti, G. - President

Akipek Öcal, Ş. - Claimant

Hertzfeld, J. M. - Respondent
16.00 mln USD Data not available Data not available None - all claims dismissed at the merits stage Award dated 8 November 2018 Dissenting Opinion of Şebnem Akipek Öcal None None None None None
8 2013 WWM and Carroll v. Kazakhstan World Wide Minerals and Paul A. Carroll v. Republic of Kazakhstan Canada - Russian Federation BIT (1989) UNCITRAL Data not available Investment: Rights under a contract concluded with the Government to operate one of Kazakhstan's largest uranium-processing facilities.

Summary: Claims arising out of the Government's alleged failure to observe its contractual obligations, including the granting of an export license to WWM to market Kazakh uranium internationally, which allegedly led WWM to suspend operations at its Kazakh facility and resulted in the bankruptcy, confiscation and forced sale of its local assets.
Rights under a contract concluded with the Government to operate one of Kazakhstan's largest uranium-processing facilities. Decided in favour of investor Kazakhstan Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Park, W. W. - President

Berman, F. - Claimant

Crook, J. R. - Respondent
1653.00 mln USD 13.70 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction dated 19 October 2015

Final Award on Merits dated 29 October 2019
None Judicial review by national courts Award/decision partially set aside (Judicial review by national courts) Judgment of the High Court of Justice of England and Wales dated 23 November 2020 (Judicial review by national courts) None None
9 2011 TPAO v. Kazakhstan Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan (ICSID Case No. ARB/11/2) Kazakhstan - Turkey BIT (1992)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Shareholding in the joint venture KazakhTurkMunai with Kazakh state entity KazMunaiGas that held oil exploration and production licenses.

Summary: Claims arising out of Government's measures allegedly affecting claimant's investment in an oil exploration and production joint venture which held exploration and production activities in seven oil fields in the Mangistau and Aktobe regions in Kazakhstan.
Shareholding in the joint venture KazakhTurkMunai with Kazakh state entity KazMunaiGas that held oil exploration and production licenses. Settled Kazakhstan Türkiye Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas McRae, D. M. - President

Brower, C. N. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Award embodying the parties' settlement agreement dated 18 August 2014 None None None None None None
10 2010 AES v. Kazakhstan AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16) Kazakhstan - United States of America BIT (1992)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Ownership of a number of power facilities and trading companies that held rights under long-term concessions concluded with the Government.

Summary: Claims arising out of a series of actions including fines and tariff restrictions imposed to claimants by Kazakh competition authorities concerning energy prices that allegedly had adverse financial impacts on the company’s operations in the country.
Ownership of a number of power facilities and trading companies that held rights under long-term concessions concluded with the Government. Decided in favour of neither party (liability found but no damages awarded) Kazakhstan United States of America

Netherlands
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Tercier, P. - President

Born, G. B. - President (replaced)

Sachs, K. - Claimant

Lowe, V. - Respondent
1290.00 mln USD 0.00 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures

Transfer of funds

Full protection and security, or similar
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 1 November 2013 None None None None None None
11 2010 Stati and others v. Kazakhstan Ascom Group S.A., Anatolie Stati, Gabriel Stati and Terra Raf Trans Traiding Ltd. v. Republic of Kazakhstan (SCC Case No. 116/2010) The Energy Charter Treaty (1994) SCC SCC Investment: Rights under certain subsoil use contracts held by Ascom's local operating companies, KPM and TNG; capital contributions for oil exploration and development; assets and infrastructure related to oil field operations, including a Liquid Petroleum Gas plant.

Summary: Claims arising out of the alleged campaign of harassment by the Kazakh State which culminated with the abrupt cancellation of oil and gas exploration contracts held by claimant's local operating companies, followed by the seizure of its Kazakh assets.
Rights under certain subsoil use contracts held by Ascom's local operating companies, KPM and TNG; capital contributions for oil exploration and development; assets and infrastructure related to oil field operations, including a Liquid Petroleum Gas plant. Decided in favour of investor Kazakhstan Moldova, Republic of

Romania

Gibraltar
Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Böckstiegel, K.-H. - President

Haigh, D. - Claimant

Lebedev, S. N. - Respondent
2631.00 mln USD 497.00 mln USD Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures

Other
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 19 December 2013 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Svea Court of Appeal dated 9 December 2016 (English) (Judicial review by national courts)

Judgment of the Svea Court of Appeal dated 9 December 2016 (Swedish) (Judicial review by national courts)

Decision of Svea Court of Appeal dated 9 March 2020 (Swedish) (Judicial review by national courts)

Decision of Svea Court of Appeal 9 March 2020 (Unofficial English Translation) dated 9 March 2020 (Judicial review by national courts)
Dissenting Opinion by Magnus Ulriksson (English) (Judgment of the Svea Court of Appeal dated 9 December 2016 (English))

Dissenting Opinion by Magnus Ulriksson (Swedish) (Judgment of the Svea Court of Appeal dated 9 December 2016 (Swedish))
None
12 2009 GEM v. Kazakhstan GEM Equity Management AG v. Republic of Kazakhstan Kazakhstan - Switzerland BIT (1994) UNCITRAL Data not available Investment: Shareholding in the Kazakh entity BTA Bank.

Summary: Claims arising out of the Government's alleged forced nationalization of claimant's interest in BTA Bank, by means of Kazakhstan's acquisition of around 75 per cent of the shares of BTA through the National Welfare Fund Samruk-Kazyna.
Shareholding in the Kazakh entity BTA Bank. Data not available Kazakhstan Switzerland Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Data not available 1500.00 mln USD Data not available Data not available Data not available Data not available Data not available None None None None None
13 2009 KT Asia v. Kazakhstan KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8) Kazakhstan - Netherlands BIT (2002) ICSID ICSID Investment: Minority shareholding in the Kazakh entity BTA Bank.

Summary: Claims arising out of the Government's alleged forced nationalization of claimant's interest in BTA Bank, by means of Kazakhstan's acquisition of around 75 per cent of the shares of BTA through the National Welfare Fund Samruk-Kazyna.
Minority shareholding in the Kazakh entity BTA Bank. Decided in favour of State Kazakhstan Netherlands Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Kaufmann-Kohler, G. - President

Glick, I. - Claimant

Thomas, J. C. - Respondent
1500.00 mln USD Data not available Indirect expropriation None - jurisdiction declined Award dated October 17, 2013 None ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order for the discontinuance of the proceeding issued by the ad hoc Committee dated 20 November 2014, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e) (ICSID annulment proceedings) None Oreamuno Blanco, R. - President

Boo, L. - Member

Pryles, M. C. - Member
14 2008 Caratube v. Kazakhstan Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12) Kazakhstan - United States of America BIT (1992) ICSID ICSID Investment: Rights under an oil exploration and production contract concluded between the Kazakh Ministry of Energy and Mineral Resources and a company which later assigned such contractual rights to Caratube, owned and controlled in its majority by a U.S. national.

Summary: Claims arising out of the termination by the Government of Caratube’s licence to an oilfield in Kazakhstan and allegations that the investor had been continuously harassed by the authorities.
Rights under an oil exploration and production contract concluded between the Kazakh Ministry of Energy and Mineral Resources and a company which later assigned such contractual rights to Caratube, owned and controlled in its majority by a U.S. national. Decided in favour of State Kazakhstan United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Böckstiegel, K.-H. - President

Griffith, G. - Claimant

Hossain, K. - Respondent
1149.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award dated 5 June 2012 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on the Annulment Application of Caratube International Oil Company LLP dated 21 February 2014 (ICSID annulment proceedings) None None
15 2007 Liman Caspian Oil v. Kazakhstan Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14) The Energy Charter Treaty (1994) ICSID ICSID Investment: Rights under a license to explore and extract hydrocarbons in Kazakhstan acquired by one of the claimants though an assignment agreement.

Summary: Claims arising out of the transfer of claimants' license to explore and extract hydrocarbons in the Liman block in Western Kazakhstan.
Rights under a license to explore and extract hydrocarbons in Kazakhstan acquired by one of the claimants though an assignment agreement. Decided in favour of State Kazakhstan Netherlands Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Böckstiegel, K.-H. - President

Hobér, K. - Claimant

Crawford, J. R. - Respondent
200.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
None - all claims dismissed at the merits stage Award dated 22 June 2010 None None None None None None
16 2005 Rumeli v. Kazakhstan Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/05/16) Kazakhstan - Turkey BIT (1992) ICSID ICSID Investment: Shareholding in a local Kazakh telecoms company that had been awarded a license to operate the second mobile telephone network in Kazakhstan; know-how and marketing services in the field of telecommunications; guarantors of loans made by the locally-incorporated investment company.

Summary: Claims arising out of the government's termination of an investment contract for the creation and exploration of digital cellular radiotelephone connection on Kazakhstan.
Shareholding in a local Kazakh telecoms company that had been awarded a license to operate the second mobile telephone network in Kazakhstan; know-how and marketing services in the field of telecommunications; guarantors of loans made by the locally-incorporated investment company. Decided in favour of investor Kazakhstan Türkiye Tertiary: J - Information and communication 61 - Telecommunications Hanotiau, B. - President

Lalonde, M. - Claimant

Boyd, S. - Respondent
458.00 mln USD 125.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award dated 29 July 2008 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision of the ad hoc Committee dated 25 March 2010 (ICSID annulment proceedings) None Schwebel, S. M. - President

McLachlan, C. A. - Member

Silva Romero, E. - Member
17 2001 AIG v. Kazakhstan AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan (ICSID Case No. ARB/01/6) Kazakhstan - United States of America BIT (1992) ICSID ICSID Investment: Ownership and/or direct control of an investment vehicle company, a financing company and a joint venture established to invest in certain real estate project.

Summary: Claims arising out of the cancellation of a project for the development of a residential housing complex, and the subsequent transfer of the project's property to the City of Almaty without compensation, on the basis that the land concerned was required for a national arboretum.
Ownership and/or direct control of an investment vehicle company, a financing company and a joint venture established to invest in certain real estate project. Decided in favour of investor Kazakhstan United States of America Tertiary: L - Real estate activities 68 - Real estate activities Nariman, F. S. - President

Bernardini, P. - Claimant

Vukmir, B. - Respondent
13.50 mln USD 6.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation Final Award dated 7 October 2003 None None None None None None
18 2001 CCL Oil v. Kazakhstan CCL Oil v. Republic of Kazakhstan (SCC Case No. 122/2001) Kazakhstan - United States of America BIT (1992) SCC SCC Investment: Concession agreement for use and management of certain State's shareholding.

Summary: Claims arising out of the termination of a concession agreement for use and management of the State's shareholding in an oil refinery.
Concession agreement for use and management of certain State's shareholding. Decided in favour of State Kazakhstan United States of America Tertiary: K - Financial and insurance activities 66 - Activities auxiliary to financial service and insurance activities Carter, J. H. - Unknown

Söderlund, C. - Unknown

Name not available - President
179.00 mln EUR (224.90 mln USD) Data not available Indirect expropriation None - all claims dismissed at the merits stage Jurisdictional Award dated 2003

Final Award dated 2004

Supplemental Award and Interpretation dated 2004
None None None None None None
19 1996 Biedermann v. Kazakhstan Biedermann International, Inc. v. The Republic of Kazakhstan and The Association for Social and Economic Development of Western Kazakhstan "Intercaspian" (SCC Case No. 97/1996) Kazakhstan - United States of America BIT (1992) SCC SCC Investment: Oil concession agreement to develop the Kenbai field in the Atyrau region.

Summary: Claims arising out of the Government's termination of an oil concession agreement entered into with the claimant.
Oil concession agreement to develop the Kenbai field in the Atyrau region. Decided in favour of investor Kazakhstan United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Data not available Data not available 8.90 mln USD Indirect expropriation Indirect expropriation Award dated 2 August 1999 None None None None None None
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2020 QazaqGaz v. Kyrgyzstan NC QazaqGaz JSC (formerly KazTransGas) v. Kyrgyz Republic Kazakhstan - Kyrgyzstan BIT (1997) UNCITRAL Data not available Investment:

Summary:
Pending Kyrgyzstan Kazakhstan Tertiary: H - Transportation and storage 49 - Land transport and transport via pipelines Rubins, N. - President

Vataev, S. - Claimant

Zhiltsov, A. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
2 2019 Kazakh National Center v. Kyrgyzstan National Center on Complex Processing of Mineral Raw Materials of the Republic of Kazakhstan v. Kyrgyz Republic (PCA Case No. 2019-01) Kazakhstan - Kyrgyzstan BIT (1997) UNCITRAL PCA Investment:

Summary:
Pending Kyrgyzstan Kazakhstan Secondary: C - Manufacturing 24 - Manufacture of basic metals Data not available 49.90 mln USD Data not available Data not available Pending Data not available Data not available None None None None None
3 2017 KazTransGas v. Georgia KazTransGas JSC v. Georgia The Energy Charter Treaty (1994)

Georgia - Kazakhstan BIT (1996)
UNCITRAL Data not available Investment: Ownership of KazTransGas-Tbilisi LLP (100% shareholding), a natural gas distribution company.

Summary: Claims arising out of Georgian authorities’ appointment of a Special Administrator of the claimant’s local subsidiary KazTransGas-Tbilisi in 2009, resulting in the claimant’s loss of control over the subsidiary that was supplying natural gas to the capital of Georgia and adjacent regions under a 2005 investment memorandum signed with the Georgian Ministry of Economic Development.
Ownership of KazTransGas-Tbilisi LLP (100% shareholding), a natural gas distribution company. Settled Georgia Kazakhstan Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Name not available - President

Beechey, J. - Claimant

Name not available - Respondent
180.00 mln USD 40.00 mln USD Data not available Not applicable - settled or discontinued before decision on liability Settlement Agreement dated 13 September 2018 None None None None None None
4 2013 Consolidated Exploration v. Kyrgyzstan Consolidated Exploration Holdings Ltd. and others v. Kyrgyz Republic (ICSID Case No. ARB(AF)/13/1) Kazakhstan - Kyrgyzstan BIT (1997)

CIS Investor Rights Convention (1997)
ICSID AF ICSID Investment: Majority shareholding (60 per cent) in Jerooyaltyn, a Kyrgyz company that entered into a joint venture with a State-owned company to develop the Jerooy gold deposit.

Summary: Claims arising out of a series of measures undertaken by the Government that allegedly expropriated claimant's investment in a gold deposit, such as annulling the licence to develop the deposit and terminating the underlying joint venture agreement.
Majority shareholding (60 per cent) in Jerooyaltyn, a Kyrgyz company that entered into a joint venture with a State-owned company to develop the Jerooy gold deposit. Settled Kyrgyzstan Kazakhstan

Seychelles

Denmark
Primary: B - Mining and quarrying 7 - Mining of metal ores Crook, J. R. - President

Hanotiau, B. - Claimant

Sands, P. - Respondent
500.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Award embodying the parties’ settlement agreement, pursuant to Article 53 of the ICSID Arbitration (Additional Facility) Rules dated 1 September 2015 None None None None None None
5 2013 Kim and others v. Uzbekistan Vladislav Kim, Pavel Borissov, Aibar Burkitbayev and others v. Republic of Uzbekistan (ICSID Case No. ARB/13/6) Kazakhstan - Uzbekistan BIT (1997) ICSID ICSID Investment: Indirect majority shareholding in two Uzbek cement companies, JSC Bekabadcement and JSC Kuvasaycement, through a Cypriot holding company, United Cement Group Plc.

Summary: Claims arising out of a series of regulatory and judicial measures taken by different branches of the Uzbek government, including criminal investigations, allegedly leading to the unlawful nationalisation of two cement companies in which the claimants had invested.
Indirect majority shareholding in two Uzbek cement companies, JSC Bekabadcement and JSC Kuvasaycement, through a Cypriot holding company, United Cement Group Plc. Settled Uzbekistan Kazakhstan Secondary: C - Manufacturing 23 - Manufacture of other non-metallic mineral products Caron, D. D. - President (replaced)

Fortier, L. Y. - Claimant

Landau, T. - Respondent

Tomka, P. - President
500.00 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 8 March 2017

Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 9 December 2020
None None None None None None
6 2013 OKKV v. Kyrgyzstan OKKV (OKKB) and others v. Kyrgyz Republic CIS Investor Rights Convention (1997) MCCI MCCI Investment: Rights to use land and monetary contributions towards building a tourist complex.

Summary: Claims arising out of the alleged expropriation of a project to build a cultural and accommodation centre on the shores of Issyk Kul, known as the Avrora Green resort and residential complex.
Rights to use land and monetary contributions towards building a tourist complex. Decided in favour of investor Kyrgyzstan Kazakhstan Tertiary: F - Construction 41 - Construction of buildings Vilkova, N. - President

Avtonomov, A. S. - Unknown

Savransky, M. Y. - Unknown
Data not available 2.30 mln USD Indirect expropriation Indirect expropriation Award dated 21 November 2013 None Judicial review by national courts Award/decision set aside in its entirety (Judicial review by national courts) Judgment of the Moscow Arbitrazh Court on Application to Set Aside Award dated 23 June 2014 (Judicial review by national courts)

Second Judgment of the Moscow Arbitration Court on Application to Set Aside Award dated 19 November 2014 (Judicial review by national courts)
None None
7 2011 BTA Bank v. Kyrgyzstan BTA Bank JSC v. Kyrgyz Republic Kazakhstan - Kyrgyzstan BIT (1997) UNCITRAL PCA Investment: Majority shareholding (71%) in the local bank BTA Bank CJSC.

Summary: Claims arising out of the alleged illegal acquisition of claimant's interests in a bank by a Kyrgyz court in May 2012.
Majority shareholding (71%) in the local bank BTA Bank CJSC. Settled Kyrgyzstan Kazakhstan Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Bethlehem, D. - President

Schwebel, S. M. - Claimant

Simma, B. - Respondent
75.00 mln USD Data not available Indirect expropriation Not applicable - settled or discontinued before decision on liability Data not available Data not available None None None None None