THE TRIBUNAL
Composed as above,
After deliberation,
Makes the following Award:
I.
PROCEDURE
A.
Registration of the Request for Arbitration
1.
On 14 January 2008, the International Centre for Settlement of Investment
Disputes (“ICSID” or the “Centre”) received a Request for Arbitration (the “Request”)
from ATA Construction, Industrial and Trading Company (“ATA” or the “Claimant”)
against the Hashemite Kingdom of Jordan (“Jordan” or the “Respondent”). The same
day, the Centre acknowledged receipt of the Request and
transmitted a copy to the
Respondent.
2.
The Claimant is a construction company constituted on 21 October 1983, under
the laws of Turkey, with registration number 197818 dated 16 November 2007,
issued by
the Istanbul Chamber of Commerce, Department of Commercial Registry and
Registration. ATA was founded by three other Turkish
construction companies, Seri
İnşaat or Seri Construction Ltd., Palet İnşaat or Palet Construction Ltd., and Enerji-Su
İnşaat or Enerji-Su Construction Ltd., with experience as contractors in road, railroad,
tunnel,
industrial building, irrigation and dam projects.
3.
The Request was brought under the Agreement Between the Hashemite Kingdom
of Jordan and the Republic of Turkey Concerning the Reciprocal Promotion and
Protection of Investment (the “BIT” or “Treaty”) and under the Convention on the
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Settlement of Investment Disputes between States and Nationals of Other States (the
“ICSID Convention”).
4.
The Claimant is represented by Mr.
Robert Volterra, Mr. Stephen Fietta, Ms.
Joanna R. Dingwall and Mr. Hussein Haeri of the law firm of Latham & Watkins LLP
and by Dr. Ziya Akinci and Ms. Yasmin Cetinel of the Akinci Law Office. The
Respondent is represented by Mr. Rabie’ Hamzeh of Amman, Jordan and by Messrs.
Allan B. Moore, David A. Shuford, and Adam Smith of the law firm of Covington &
Burling LLP.
5.
On 28 February 2008, the Secretary-General registered the Request pursuant to
Article 36(3) of the ICSID Convention and Rules 6(1)(a) and 7
of the Rules of Procedure
for the Institution of Conciliation and Arbitration Proceedings (the “Institution Rules”).
The same day, the Secretary-General dispatched the Notice of Registration to the parties,
inviting them to proceed as soon as possible with the constitution of the arbitral tribunal,
in accordance with Articles 37 to 40 of the ICSID Convention.
