MARCH 11 2016 (The Conway Bulletin) – A World Bank tribunal rejected a $567m claim by Turkish firm Ickale Insaat against Turkmenistan that the government had deliberately derailed several construction projects, a rare victory for a Central Asian government against private companies.
The International Centre for Settlement of Investment Disputes (ICSID) said the claim was not substantiated by concrete cases of interference.
“There is no basis for the claims in the BIT [a 1992 Turkey-Turkmenistan bilateral treaty to protect investments], which does not create any cause of action under general principles of international law,” the ICSID wrote in its 175-page analysis of the case, specifying that the Turkish company will also have to pay $1.7m, or 20% of Turkmenistan’s total legal fees.
Ickale claimed that Turkmenistan had breached a dozen construction contracts signed in March-November 2007 to supply mainly consulting services on a series on projects.
The Turkmen side denied the accusations and instead said that Ickale failed to deliver on its promises to complete its works by 2009.
Ickale was supposed to deliver machinery and service construction works at two luxury hotels, four schools, one cinema in Ashgabat, and several other projects.
Ickale listed at least eight of these projects as “completed” on its website. Earlier in January, a Stockholm arbitration court had ruled against the Kazakh government in a case
brought by Estonian firm Windoor for reneging on a building deal in Astana.
Relations between Turkish firms and the Turkmen government might be worsening as the opposition newspaper Alternative News Turkmenistan alleged that another construction company Ilk Insaat had planned to sack around 1,200 workers in March-April.
When contacted by The Conway Bulletin, Ilk Insaat’s parent company declined to comment.
ENDS
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(News report from Issue No. 272, published on March 18 2016)