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Bates White client Republic of Türkiye defeats claimant’s allegations and rectification application in ICSID mining matter

Glenn R. George and Anna Meyendorff were retained on behalf of the government of Türkiye, the respondent in Westwater v. Republic of Türkiye, in an international arbitration matter under ICSID rules. The claimant, a US-based mining company, alleges that, in rescinding seven uranium exploration and operating licenses for the Temrezli and Sefaatli uranium mining projects, the government of Türkiye created a state monopoly over uranium mining activities in the country and caused financial damages for the American owner of those mining projects pursuant to the Türkiye-US Bilateral Investment Treaty of 1985.

Drs. George and Meyendorff submitted expert reports and delivered oral testimony. In its initial ruling, the tribunal rejected Westwater’s claim of lost profits and found that Westwater was entitled to compensation only for “investment costs,” which Türkiye acknowledged must be paid by virtue of the license rescissions irrespective of Westwater’s prospects of bringing the uranium project to a successful conclusion. The award cited Drs. George and Meyendorff’s testimony multiple times. Westwater’s subsequent application for rectification was also rejected by the tribunal. With the initial award and the concluding decisions, Türkiye defeated an overall $267 million damages claim. 

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