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On 2 July 2013, the tribunal determined that it has no jurisdiction, and Kilic should submit the dispute to the courts of Turkmenistan earlier than turning to arbitration. The tribunal rejected Kilic’s argument that litigation before the Turkmen courts is futile for Turkish buyers, like Kilic, as a outcome of courts’ lack of independence. The Tribunal is not persuaded that the alleged “raids”, “inspections” and “site visits” did happen, and if they did that the guests have been state officers appearing upon the instruction and/or direction of Respondent, and that the visits/inspections have been “irregular, disruptive and intimidating”. It held that Kilic had failed to show the Turkmen courts’ lack of independence and, specifically, the claimant’s incapability to obtain proof from Turkmen lawyers as a outcome of them being afraid to testify towards Turkmenistan.
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In the Tribunal’s view, these actions, even when substantiated, didn’t in themselves amount or contribute to depriving Claimants of management and/or the worth of their funding. The Tribunal has thought-about the witness proof law firm istanbul turkey relied on by Claimants787, as nicely as the 2 letters written by Mr Ҫap.788 However, these in themselves are insufficient for the Tribunal to conclude that the visits and inspections amounted to “raids” or were “irregular, disruptive and intimidating”. Even in the event that they have been, these actions don’t quantity to expropriation; at best they might have been argued as FET or FPS violation underneath the BIT. However, since the Tribunal has no jurisdiction over such protections, it has not thought-about these issues.
The Tribunal can be not persuaded by the argument that since the substantive protections Claimants search to import aren’t explicitly excluded from the appliance of the BIT by Article II BIT, they can be imported by utilizing the MFN provisions.
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