NEWSLETTER-2017

184 NEWSLETTER 2017 ICSID Tribunal’s Decision on the Claims of İçkale İnşaat against Turkmenistan* Att. Fatih Isik Introduction The ICSID tribunal, comprised of Veijo Heiskanen (president), Carolyn B. Lamm (appointed by the Claimant), and Phillippe Sands, QC (appointed by the Respondent), has dismissed the USD 570 mil- lion claim of İçkale İnşaat Limited Şirketi (a Turkish construction company, which will be referred to as “Ickale”) against Turkmenistan, through the award rendered on March 8, 2016, where the claims are found to be without merit. Carolyn B. Lamm and Philippe Sands is- sued partially dissenting opinions on the decision. Ickale has requested supplementary decision, and rectification of the award on April 6, 2016, and these requests were denied, with some minor exceptions, on October 4, 2016. Summary of the Parties’ Contentions Ickale initiated the ICSID arbitration in 2010 against Turkmeni- stan on the allegations that Turkmenistan had violated the provisions of the Turkey-Turkmenistan BIT. The Claimant claimed that it opened a branch office in 2004, and concluded a total of thirteen contracts for various public construction projects in Turkmenistan during the period from 2004 to 2009. However, and particularly following the demise of the former President of Turkmenistan, the government and state entities of Turkmenistan expanded the scope of works without additional compensation, that there were unjustified delays in pay- ments, that they imposed unfair penalties, and expropriated machinery * Article of February 2017