By letter of 9 November 2018, in response to Claimant Ҫap’s letter of two November 2018, Respondent acknowledged that “Claimant Çap’s requests are an improper try to seek reduction” and replied and sought to refute numerous comments which had been made by Claimant Çap. On 8 October 2018, Respondent submitted its Reply on Provisional Measures as foreseen within the Tribunal’s second letter of 1 October 2018. Close these proceedings and renders its award in the end to prevent any further undue interference from Respondent. Subject to the Recommendations beneath, Claimants’ specific requests for provisional measures are refused. By email of 17 December 2018, Respondent requested an extension until 4 January 2019 to undertake the measures requested of it by the Tribunal within the Decision on Provisional Measures.
The quality of international investors’ production and supplied services must correspond to the requirements accepted in Turkmenistan. Accordingly, whatever act or omission might or might not have been taken by Sehil’s Contractual Counterparties in that regard was within the train of a contractual proper, which was freely to by each Sehil and its counterparty. Failure by Sehil’s Contractual Counterparties to carry out their contractual obligations in the path of Sehil does not amount to expropriation.
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On this level the respondent relied particularly on the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration, which give that third-party funders having a direct financial curiosity within the award may be considered as being equivalent to a party to the proceedings. The authorized entity with international participation can independently determine the phrases of realization of production , together with prices on it. Therefore, any issue arising out of or in reference to the project, including the style of efficiency, is a pure contractual dispute to be resolved by Sehil and its Contractual Counterparty.
However, the Tribunal notes that to undertake development work of the kind covered by the Contracts subject to this Arbitration, Claimants required the information, ability and expertise necessary to undertake these projects. His apply ranges from advising on intellectual property rights to commercial contracts and licensing. Yet, Claimants have thus far avoided making corresponding purposes with out additional evidence and the required causation with the contemplated functions. For this reason, the Tribunal does not have jurisdiction in respect of the claims on this Arbitration. In this context, the Tribunal needn’t make any determination regarding whether Sehil’s ability to undertake building initiatives quantities to mental property rights. […] Claimants submit that the Tribunal ought to direct Respondent to give consideration to the deserves of this dispute and in the end maintain it responsible for the disruption and costs that it’s inflicting on Claimants by means of such baseless and repetitive purposes.
Calyk Holding, Turkey, one of the leading turkish Immigration Law Firm companies in the nation, owns 30% of shares of the $114 million Gap Turkmen Jeans Factory, with 50% belonging to the Ministry of Textile Industry of Turkmenistan.
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