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Iraq v. Turkey, Petition for Confirmation, Recognition, and Enforcement of Foreign Arbitration Award, April 10, 2023

10 Apr 2023
Republic of Iraq v. Republic of Turkey, ICC Case No. 20273/AGF/ZF/AYZ/ELU 
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Petition for Confirmation, Recognition, and Enforcement of Foreign Arbitration Award
Document Details:
LISTED PARTICIPANTS
Petition for Confirmation, Recognition, and Enforcement of Foreign Arbitration Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Alden L. Atkins, James Lloyd Loftis, Robert R. Landicho, Timothy J. Tyler, Aurra Fellows, Kylie P. Terry, Andrew A. Bernstein, Laurie Achtouk-Spivak, Zeineb Bouraoui, Boaz Morag
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Turkey, Vinson & Elkins, Cleary Gottlieb Steen & Hamilton, Iraq
Country
United States
Print reporter
Document Summary
Petition for Confirmation, Recognition, and Enforcement of Foreign Arbitration Award
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Petition for Confirmation, Recognition, and Enforcement of a Foreign Arbitral Award filed by the Republic of Iraq against the Republic of Turkey in the United States District Court for the District of Columbia. The petition is brought pursuant to Chapter 2 of the Federal Arbitration Act (FAA) and the 1958 New York Convention, seeking to enforce a final award rendered by an International Chamber of Commerce (ICC) arbitral tribunal seated in Paris, France.

Factual Background and the Arbitral Award

The underlying dispute arose from Turkey's alleged breaches of the 1973 Crude Oil Pipeline Agreement and its subsequent amendments (the ITP Agreements). Iraq contended that Turkey unlawfully transported, stored, and loaded Iraqi crude oil pumped by the Kurdistan Regional Government (KRG) at the port of Ceyhan without the authorization of the Iraqi Ministry of Oil. On February 13, 2023, the ICC tribunal issued a Final Award finding Turkey in breach of its treaty obligations. The tribunal ordered Turkey to pay Iraq a net sum of USD 1,471,390,486.05, which accounts for set-offs from counterclaims awarded to Turkey, plus applicable interest.

Relief Sought

In the present petition, Iraq seeks an order confirming and enforcing the Final Award. Iraq asserts that the District Court possesses subject-matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), arguing that Turkey waived its sovereign immunity by agreeing to arbitrate in a New York Convention signatory state. Iraq requests the entry of judgment in the amount of the Final Award, along with all applicable pre-judgment and post-judgment interest.