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In addition, the Arbitration was disrupted and delayed when the independence of Professor Hanotiau was challenged and in consequence, these proceedings had been suspended. The proceedings had been further delayed as a outcome of bankruptcy proceedings initiated in Turkey and Respondent then becoming a creditor in Sehil's chapter, the termination of Derains & Gharavi as counsel for Sehil and the appointment of new counsel for Sehil. The Tribunal has reached no view on the merits of Claimants' substantive claims arising out of the various Contracts in dispute which don't come inside the jurisdiction of this Tribunal.

Agbetse urgently appealed to the Council and the opposite organizations to find practical solutions as soon as potential with the Central African authorities, who wanted to point out committed management, including the rapid adoption of the anti-corruption law.

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By letter dated 25 October 2015, Claimants requested that Respondent provide an index of the documents submitted to Claimants on 22 October 2015 in response to their request for document manufacturing. By letter dated 22 January 2017, Claimants requested that the Tribunal deny Respondent's 20 January 2017 request to restrict the hearing to jurisdiction issues. On 15 August 2018, the Tribunal Secretary requested that counsel from Derains & Gharavi and Curtis Malet urgently present Mr Yıldız with the substantive submissions exchanged during the course of this Arbitration, together with the corresponding exhibits and legal authorities. By letter dated 11 August 2015, Claimants requested an extension of the two deadlines supplied in Procedural Order No 4, specifically document manufacturing and visas and safe entry into Turkmenistan. By letter of 20 March 2018, Respondent wrote to the Tribunal stating that following an Extraordinary Meeting of Sehil's creditors on the third Bankruptcy Office of Istanbul, which had taken place the identical day, the regulation companies of Derains & Gharavi, and Professor Dr Akıncı now not had the authority to characterize Claimant Sehil on this Arbitration.

The respondent intended to make an software for safety for prices, and information of whether the claimant was benefitting from any funding association was necessary to determine the correct foundation on which such an application must be made. For further details about these entities and DLA Piper's structure, please discuss with the Legal Notices web page of this website. This is additional buttressed by the reality that the General Director is appointed by the President, to whom he/she reports directly. Provided that, if the investor concerned has brought the dispute before the courts of justice of the Party that is a celebration to the dispute and a last award has not been rendered within one yr."
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The Tribunal agrees with Claimants that the functions assigned to the Turkmenbashi Oil-Processing Complex of guaranteeing the event of Turkmenistan's oil-processing trade and implementing a uniform coverage of processing hydrocarbons usually are not commercial functions, but denote a governmental function. Article 6 of the ICA holds that a party seeking enforcement of a foreign arbitral award can apply with such request to provincial courts within the areas of Turkmenistan, however in Ashgabat the enforcement motion needs to be brought before the Arbitration Court of Ashgabat. The management exercised by the State over the Turkmenbashi Oil-Processing Complex additional manifested itself within the specific authorization granted previous to the conclusion of the contract with Sehil. Had the Turkmenbashi Oil-Processing Complex had autonomy from the State, such an authorization wouldn't have been called for. The proven truth that the Turkmenbashi Oil-Processing Complex carried out these capabilities underneath the supervision of the President and the Cabinet underscores the fact that this entity was beneath pervasive State management. Due to the strategic importance of this natural useful resource, such capabilities would ordinarily be assigned to State organs.