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- the Claimant’s Rejoinder on Jurisdiction dated 3 July 2009.
22.
On 20 August 2009, the President of the Tribunal chaired,
with the agreement of
the two other members of the Tribunal, a pre-hearing conference by telephone with the
parties. The teleconference was audio-recorded.
23.
On 5-9 October 2009, the Tribunal held a hearing on jurisdiction and merits at the
World Bank
headquarters in Washington, D.C. (the “Hearing”). The following persons
attended the Hearing:
- Mr. Nurhan Motugan of ATA Construction, Industrial and Trading Co.;
On behalf of the Claimant:
- Mr.
Robert Volterra, Mr. Stephen Fietta, Ms. Joanna Dingwall, Mr. Hussein
Haeri, Ms. Angela Angelovska-Wilson and Mr. Oscar Price of Latham & Watkins
LLP; and
- Ms. Yasmin Cetinel of Akinci Law Office.
- His Excellency Prince Zeid Ra’ad Zeid Al-Hussein, Mr. Mahmoud D. Hmoud,
and Mr. Samer Dabbas of the Hashemite Kingdom of Jordan;
On behalf of the Respondent:
- Dr. Mahmoud A. Tabbal of the Arab Potash Company;
- Mr. Rabie’ Hamzeh as counsel and witness; and
- Mr. Allan B. Moore, Mr. Peter D. Trooboff, Mr. James M. Smith, Mr. Adam M.
Smith, Mr.
Donald Ridings, Ms. Maggie J. Poertner, and Ms. Erin Kelly of
Covington & Burling LLP.
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24.
The following witnesses were examined by the parties:
- Mr. Rabie’ Hamzeh, the Respondent’s fact witness; and Dr. Khaled El Shalakany,
the Respondent’s expert witness.
By the Claimant:
- Mr.
Adib Habayeb, the Claimant’s fact witness; and Dr. Mosleh Al’tarawneh, the
Claimant’s expert witness.
By the Respondent:
25.
The Hearing was audio recorded, and a full verbatim transcript prepared.
26.
On 3 December 2009, the parties filed simultaneous post-hearing briefs. On 5
February 2010, the parties filed a first round of simultaneous submissions on costs, and
on 26 February 2010, they filed a second round of simultaneous submissions on costs.
27.
On 3 May 2010, the Tribunal declared the proceedings closed in accordance with
Rule 38(1) of the ICSID Arbitration Rules.
28.
The Tribunal wishes to acknowledge the dedication and professionalism of
counsel for both the Claimant and the Respondent who have assisted the Tribunal
throughout this arbitration.
