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THE KYRGYZ REPUBLIC,Petitioner, v. JSC TASHKENT MECHANICAL PLANT; JSCB ASAKA; JSCB UZBEK INDUSTRIAL AND CONSTRUCTION BANK; and NATIONAL BANK FOR FOREIGN ECONOMIC ACTIVITY OF THE REPUBLIC OF UZBEKISTAN, Respondents. | ) Case No. 23-cv-2266-RDM |
1. Petitioner the Kyrgyz Republic and JSC Tashkent Mechanical Plant, JSC Asakabank, JSCB Uzbek Industrial and Construction Bank, and JSC National Bank for Foreign Economic Activity of the Republic of Uzbekistan (collectively, “Respondents”),1 by and through their undersigned counsel, hereby jointly move for dismissal of this proceeding under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
2. This proceeding was filed pursuant to the Federal Arbitration Act to vacate or set aside the arbitral award dated May 17, 2023 in JSC Tashkent Mechanical Plant and others v. Kyrgyz Republic (ICSID Case No. ARB(AF)/16/4) (the “Arbitration” and the “Award”), with the Partial Dissenting Opinion of Professor Zachary Douglas KC (the “Dissent”), in whole or part, as
1 As noted in Respondents' prior submission, since the start of the Arbitration, JSCB Asaka and National Bank for Foreign Economic Activity of the Republic of Uzbekistan have changed their names to “JSC Asakabank” and “JSC National Bank for Foreign Economic Activity of the Republic of Uzbekistan,” respectively. See Dkt. Nos 8, 9, and 10. ↩
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rendered by the arbitral tribunal in the District of Columbia. See Dkt. Nos 1-2 and the Award appearing at Dkt. No. 2-1.
3. On the mutual agreement of the Parties, that Award has now been satisfied and extinguished and there remains no basis to set aside, vacate, and or/enforce the Award before this Court.
4. In consideration thereof and consistent with the Parties' agreement, the Parties now jointly move to dismiss the above-captioned proceeding with prejudice.
5. Each Party shall bear its own costs and attorneys' fees in relation to the proceeding before this Court.
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Dated: November 30, 2023 |
Respectfully Submitted, |
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LAW OFFICES OF KIRAN N. GORE, PLLC By: /s/ Kiran Nasir Gore Counsel for Petitioner the Kyrgyz Republic |
WHITE & CASE By: /s/ Carolyn B. Lamm Counsel for Respondents |