International Arbitration Cases in International Center for Settlement of Investment Dispute (ICSID) under Bilateral Investment Treaties.
https://investmentpolicy.unctad.org/
1- Al-Tuwairqi v. Pakistan (2018).
Hilal Hussain Al-Tuwairqi and Al-Tuwairqi Holding v. Islamic Republic of Pakistan.
Summary:
Claim arising out of an Investments in a steel manufacturing plant in Bin Qasim, Karachi, Constructed and operated by a local subsidiary Tuwairqi Steel Mills limited as part of a joint venture.
Outcome of Proceedings:
Pending Before the ICSID.
2- Karkey Karadeniz v. Pakistan (2013).
Karkey Karadeniz Elektrik Uretim A.S. v. Islamic Republic of Pakistan ICSID Case No. ARB/13/1.
Summary:
Contract concluded with a State – owned electricity company to provide four power–generating vessels to the port of Karachi. Claim arising out of the alleged unlawful detention by the Government of four electricity – generating vessels owned by the claimant, as well as alleged breaches of contractual payment obligations for electricity generated.
Outcome:
Decided in favour of the investor.
3- Allawi v. Pakistan (2012)
Ali Allawi v. Islamic Republic of Pakistan.
PCA Case No. 2012 – 23
Summary:
Investment of Progas, a company engaged in import operations of liquid petroleum gas. Claim arising out of the alleged Government interference in operations at a gas import terminal at Port Qasim, leading to the alleged expropriation of Claimants liquid petroleum gas infrastructure in Karachi.
Outcome of the Proceedings:
Decided in favour of State.
4- Progas Energy v. Pakistan (2012)
Progas Energy Ltd v. The Islamic Republic of Pakistan
Summary:
Investment of Progas, a company engaged in import operations of liquid petroleum gas. Claim arising out of the alleged Government interference in operations at a gas import terminal at Port Qasim, leading to the alleged expropriation of Claimants liquid petroleum gas infrastructure in Karachi
Outcome:
Decided in favour of the State.
5- Tethyan Copper Company v. Pakistan (2013)
Tethyan Copper Company (Pvt) Limited v. Islamic Republic of Pakistan
(ICSID Case No. ARB/12/1)
Summary:
A Joint Venture Agreement conclude with the Province of Balochistan for the Development of a copper -gold mine. Claim arising out of the decision by the Pakistani Province of Balochistan to refuse the application by claimant’s local operating subsidiary for a mining lease in respect of the Reko Diq gold and copper site.
Outcome:
Decided in favour of Investor.
6- Agility v. Pakistan (2011)
Agility for Public Warehousing Company K.S.C. v. Islamic Republic of Pakistan
ICSID Case No. ARB/11/8.
Summary:
Investment of a company in the ownership of the Pakistan Automated Customs Clearance System software introduced by the Government at Pakistan Karachi International Container Terminal and later extended to other ports and airports in the country. Claim arising out of outstanding payments from the Government concerning claimants automated customs clearing system to assess duties on imports passing through Pakistani ports.
Outcome of the Proceedings:
Decided in favour of neither party (liability found but no damages awarded).
7-. Bayindir v. Pakistan (2003)
Bayindir Insaat Turizm Ticaret Ve Sanayo A.S. v. Islamic Republic of Pakistan
(ICSID Case No. ARB/03/29)
Summary:
Highway Construction Contract to build a six- lane motorway entered into with an agency of the Pakistani government. Claim arising out of the implementation of a construction contract concluded between National Highway Authority of Pakistan and the investors.
Outcome of the Proceedings:
Decided in favour of State.
8- Impregilo v. Pakistan (II) (2003)
Impregilo S.P.A. v. Islamic Republic of Pakistan
(ICSID Case No. ARB/03/3)
Summary:
Joint venture Agreement for the Construction of Hydroelectric power facilities in Pakistan, known as Ghazi-Barotha hydropower projects. Claim arising out of the Pakistan Water and Power Development Authority (WAPDA) failure to turn over the land necessary to implement certain construction contract, among other acts and omissions of WAPDA that allegedly impeded the investors ability to proceed according to schedule.
Outcome of the Proceedings:
Settled between the parties.
9- Impregilo v. Pakistan (I) 2002
Impregilo S.P.A. v. Islamic Republic of Pakistan
ICSID Case No. ARB/02/2
Summary:
Joint venture Agreement for the Construction of Hydroelectric power facilities in Pakistan, known as Ghazi-Barotha hydropower projects. Claim arising out of delays in the Performance of two concessions agreements entered into between the investor and the Pakistan Water and Power Development Authority, in connection to a hydropower project.
Outcome of the Proceedings:
Discontinued.
10- SGS v. Pakistan (2001).
SGS Societe Generale de Surveillance S.A. v. Islamic Republic of Pakistan.
(ICSID Case No. ARB/01/13)
Summary:
A pre-shipment inspection contract entered into with Pakistano Authorities. Claim arising out of Pakistan’s alleged non-payment of invoices to the investor and its attempts to terminate underlying agreement for the provision of services relating to customs clearance and control processes in Pakistan.
Outcome of the Proceedings:
Settled between the Parties.
