PENDING INVESTMENT ARBITRATION CASE 

Sanitek S.a.r.l., Sari Haddad and Elias Doumet v. Republic of Armenia (ARB/21/17)

            This case was registered at the International Center for Settlement of Investment Disputes on 6 April 2021. The arbitration case in the field of waste collection was initiated under the “Agreement between the Government of the Republic of Armenia and the Government of the Lebanese Republic on the Promotion and Reciprocal Protection of Investments”. 

CONCLUDED INVESTMENT ARBITRATION CASES

Rasia FZE and Joseph K. Borkowski v. Republic of Armenia (ARB/18/28)

This case was registered at the International Center for Settlement of Investment Disputes on 3 August 2018. The arbitration case related to the railway and highway construction was initiated under the “Treaty between the United States of America and the Republic of Armenia concerning the Encouragement and Reciprocal Protection of Investment”, as well as under the concession agreements signed between the said company and the Government of the Republic of Armenia in 2012. On 20 January 2023, the arbitral tribunal rendered an award which dismissed the claimants’ demands entirely and obliged them to pay a total of USD 2,783,250.09 as compensation to the Republic of Armenia. 

Edmond Khudyan and Arin Capital & Investment Corp. v. Republic of Armenia (ARB/17/36)

The case was registered at the International Center for Settlement of Investment Disputes on 27 September 2017. The arbitration case in the field of real estate was initiated under the “Treaty between the United States of America and the Republic of Armenia concerning the Encouragement and Reciprocal Protection of Investment” in order to settle it pursuant to the “Convention On the Settlement of Investment Disputes between States and Nationals of Other States”.  On 15 December 2021, the arbitral tribunal rendered an award in favor of the Republic of Armenia. The tribunal determined that Edmond Khudyan, being a citizen of the Republic of Armenia, did not fall under the tribunal’s ratione personae jurisdiction. Additionally, with regards to Arin Capital & Investment Corp., the tribunal did not have ratione materiae jurisdiction due to lack of investments. As a result of the lack of jurisdiction, the tribunal rejected all of the claimants’ claims and ordered them to pay the Republic of Armenia a total of USD 737,466.34. This includes the advance payment of USD 337,466.34 paid to the International Center for Settlement of Investment Disputes and USD 400,000 for the Republic of Armenia’s legal expenses related to the arbitration case. 

S. Investment Corporation v. Republic of Armenia

The arbitration case regarding investments in the tire production sector was filed at the London Court of International Arbitration on the basis of the investment agreement, as well as the “Treaty between the United States of America and the Republic of Armenia concerning the Encouragement and Reciprocal Protection of Investment”. The final award in favor of the Republic of Armenia was rendered on 18 August 2011.

Global Gold Mining LLC v. Republic of Armenia

In 2007, an investment dispute arose between the Global Gold Mining LLC and the Republic of Armenia, which was submitted to the International Center for Settlement of Investment Disputes. The subject of the dispute was the denial of a mine exploitation permit to the Global Gold Hankavan LLC (the company had a geological survey permit, after which a mine exploitation permit should have been obtained), as well as the extension of the geological survey permit term. In 2008, the Global Gold Mining LLC and the Republic of Armenia reached a settlement agreement within the framework of the investment dispute. 

ANNULMENT PROCEEDINGS

Edmond Khudyan v. Republic of Armenia (ARB/17/36)

Edmond Khudyan submitted a request to partially annul the award rendered by the arbitral tribunal on 15 December 2021 in the case Edmond Khudyan and Arin Capital & Investment Corp. v. Republic of Armenia.  The annulment proceeding is currently underway.

S. Investment Corporation v. Republic of Armenia

T.S. Investment Corporation has initiated a proceeding related to the annulment of the award rendered in favor of the Republic of Armenia in August 2011. Detailed information regarding this proceeding is not available.

 PENDING COMMERCIAL ARBITRATION CASE 

Republic of Armenia v. Corsan Corviam Construccion SA (UNC 190/HBH)

In this case, a dispute arose out of the agreement signed on 27 April 2012 between the Corsan Corviam Construccion SA and the current Ministry of Territorial Administration and Infrastructure regarding the reconstruction and improvement of a highway in the territory of the Republic of Armenia. The Republic of Armenia initiated ad hoc proceedings of international commercial arbitration on 21 November 2019, after the company withdrew its 24 January 2019 notice of arbitration and initiated court proceedings at the Madrid Commercial Court No. 1. As a result, international arbitration and court proceedings with the participation of the Republic of Armenia and Corsan Corviam Construccion are being conducted concurrently.