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Separate Opinion Of Professor William W. Park.pdf

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Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi (Claimant) filed a Request for Arbitration against Turkmenistan (Respondent) under the Agreement between Turkey and Turkmenistan Concerning Reciprocal Promotion and Protection of Investments. The dispute concerns certain construction projects in Turkmenistan. The Tribunal must determine whether the "no-judgment-within-a-year" proviso in Article VII of the BIT is optional or mandatory. The Separate Opinion of Professor William W. Park argues that the proviso is optional and that the Tribunal should have put the proceedings into abeyance to permit the filing of local litigation, rather than dismissing the claim due to the lack of a final judgment within a year. Park also argues that the six-month waiting period for arbitration should be interpreted as a separate requirement from the "no-judgment-within-a-year" proviso, and that the BIT's language and purpose support the availability of arbitration for treaty-based claims.

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Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi (Claimant) filed a Request for Arbitration against Turkmenistan (Respondent) under the Agreement...

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File Format: PDF
File Size: 110 KB
Pages: 4
Language: EN
Total Downloads: 135
Last Updated: 4 weeks ago

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