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ENERGY LAW
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1. Libananco Holdings Co. Limited (Cyprus) v. Republic of Turkey;
2. Alapli Elektrik B.V. v. Republic of Turkey;
3. Cementownia “Nowa Huta” S.A. (Poland) v. Republic of Turkey;
4. Europe Cement Investment and Trade S.A. (Poland) v. Republic of
Turkey
1.
Libananco Holdings Co. Limited (Cyprus) v. Republic of Turkey.
Libananco brought expropriation claims under the ECT based
on its majority stake in two utilities, Cukurova Elektrik Anonim
Sirketi (CEAS) and Kepez Elektrik Turk Anonim Sirketi, once
controlled by the controversial Uzan family that operate 11
Turkish dams and power plants. The case was registered in ICSID
on 29 April 2006. The value of the case is USD 10 billion. Turkey
seized the shares of these utilities in 2003 for political reasons,
according to the claimant, and for financial reasons, according
to the respondent. Turkey suspects Libananco of ties to the
Uzans and questions its status as a foreign investor. Arbitrators
convened in March 2010 to hear several jurisdictional objections
raised by Turkey. The case is still pending.
2.
Alaplı Elektrik B.V. v. Republic of Turkey.
This is a case in
which a Dutch company has claims against Turkey under the
Energy Charter Treaty and the Netherlands-Turkey Bilateral
Investment Treaty in connection with a power plant that was
never constructed. The value of the case is USD 100 million.
The Tribunal was constituted in March 2009. The claim relates
to electricity generation concession agreements. Lastly, on May
19, 2010, the Tribunal issued a procedural order concerning the
procedural calendar. The case is still pending.
3.
Cementownia “Nowa Huta” S.A. (Poland) v. Republic of Turkey.
Cementownia was another of international claimants to come
forward after Turkish authorities seized assets owned by two
of Turkey’s largest hydroelectric companies and terminated
two long-term electricity concessions held by the companies,
Cukurova Elektrik Anonim Sirketi (CEAS) and Kepez Elektrik
Turk Anonim Sirketi (Kepez). The value of the case is USD 4
billion. While the Turkish government considers the companies
to be owned by members of the Uzan business empire,