Lexist is truly delighted to announce the award of the ICSID tribunal in the case of Enel S.p.A (Enel) v The Republic of Türkiye in favour of our Client – the Republic of Türkiye (ICSID Case No. ARB/21/61). The case concerned the cancellation of Enel’s pre-license for a solar power plant in the Isparta province by the Turkish Energy Market Regulatory Authority (EMRA). The award was rendered with the unanimous decision of the arbitral tribunal. The tribunal dismissed all claims on the merits in favour of the Republic of Türkiye.
The arbitration proceedings were administered under the coordination of the Presidency’s Directorate General of Law and Legislation, and under the management of EMRA. Lexist extends its sincere appreciation to General Manager Bekir Keleş, Assoc. Prof. Dr. Atike Eda Manav Özdemir, Dr. Açelya Şahin, Dr. Güray Özsu of the Presidency of the Republic of Türkiye and Elif Yıldırım, Ayşegül Bilgiç, Asuman Aksel Ayhan, Şilan Eren Serdar and Deniz İpek Erdal of EMRA, for their tireless work and unwavering trust in us.
The Lexist team was led by Partners Dr. Eyüp Kul and Dr. Murat Erbilen and assisted by Partner Duygu Öztürk Dinçer and Arbitration associates Etka Koçoğlu and Esad Çatak. Special thanks to the Lexist Co-Counsel, Barrister Mahnaz Malik of Twenty Essex Chambers and Csaba M. Rusznak of Sovereign Arbitration Advisors.
With this award, the international arbitral tribunal ruled that the procedures and processes of EMRA regarding the cancellation of the pre-license comply both with Turkish law and international legal standards, and that EMRA did not violate due process. This award is significant as it confirms the legality of EMRA’s actions and procedures concerning economic activities of the Claimant in the Republic of Türkiye.
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