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For these causes, the Tribunal does not think about that the actions of the Prosecutor of Ashgabat City had been improper and moreover led or contributed to the expropriation of Claimants’ funding.

Enterprise Sector

Privatization has been limited to the service and trade sectors, with most trade still in state arms. For the reasons set out above, (§§ ) the Tribunal has concluded that the MFN’s scope of application on this case is restricted only to de facto discrimination and can’t be used to import different substantive protections not supplied for in the BIT. Out-dated know-how, poor enterprise structures, and governmental obstacles make privatized corporations unattractive as outright purchases for overseas investors. To date, government privatization efforts have also been counteracted by lingering prejudice in opposition to the non-public sector. This contains Respondent having cancelled attendance on the first listening to at brief discover on 19 November 2017, and Claimant Sehil having carried out so for the listening to scheduled in November 2018. In this case, both parties have taken procedural steps which the Tribunal considers have delayed the dedication of this Arbitration. In cases where there’s earnings potential, the federal government has been quick to crowd out the non-public sector as a competitor. The Tribunal can be not persuaded that the questioning of Ms Yeliseyeva amounted to «harassment». Further, the Tribunal finds that Claimants haven’t shown any due process violations by the Arbitrage Court in the turkish Immigration Law Firm method during which it dealt with the proceedings.

As will be recalled, the State Contracting Parties could not execute addenda modifying the contract value with out the President’s approval, a restriction which, to Claimants’ information, only utilized to «Ministries and ministerial management bodies» and never private entities. By e-mail of 1 February 2021, Respondent requested an extension till 5 February 2021 to offer its feedback. Thus, when confronted with an order to undertake additional work, Sehil’s selections have been both to soak up the price of the extra works or refuse and pray that the implications were less expensive than compliance. By letter of 13 April 2021, Claimant Ҫap stated his settlement to Professor Lew’s appointment within the different ICSID case «if, and only if, Respondent offers an specific assertion that it doesn’t object to Professor Lew QC’s acceptance of this appointment despite the involvement of the undersigned’s associate within the other ICSID case.» By e mail of 12 April 2021, Claimant Ҫap requested for permission to reply to Professor Lew’s letter the next day. • the unfair and arbitrary decisions of the Arbitrage Court which terminated Contracts Nos fifty one, fifty five, fifty eight, sixty Turkish Citizenship Law Firm two, sixty three, sixty four and sixty five «purportedly on the bottom of alleged delays».

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By letter dated 14 November 2018, ICSID requested the sixth advance payment of USD 200,000 from every Party to defray the price of the proceedings during the following three to six months. Bankrupt Sehil and its authorized counsel shall produce an endeavor to this effect inside 5 days of this Decision. Refrain from taking any steps that may further aggravate the dispute and jeopardize the integrity of this Arbitration including via the chapter proceedings of Bankrupt Sehil. By letter dated 21 August 2017, ICSID requested the fifth advance payment of USD one hundred fifty,000 from each Party to defray the value of the proceedings throughout the next three to 6 months. By letter of 30 August 2018, the Tribunal confirmed that the November 2018 dates for the hearing can be maintained and invited Mr Yıldız to supply an influence of lawyer for the «academician attorney» that might be accompanying him to the hearing by 5 November 2018. USD 150,000 was received from Claimants on 25 September 2017, and USD 149,970 was acquired from Respondent on 28 September 2017.