Summary

Source: icsid.worldbank.org

1. This Decision rules on the proposal (the "Claimant's Proposal") of Buried Hill Serdar Limited ("Buried Hill" or the "Claimant") dated December 23, 2025, to disqualify Prof. Philippe Sands, KC ("Prof. Sands"), the arbitrator appointed by Turkmenistan (the "Respondent") in these proceedings. The Respondent opposes the Claimant's Proposal.

2. In accordance with Article 58 of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, which entered into force on October 14, 1966 (the "ICSID Convention") and Rule 23(1) of the 2022 ICISD Rules of Procedure for Arbitration Proceedings (the "ICSID Arbitration Rules"), this Decision is made by the remaining members of the Tribunal.

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V. DECISION

114. For the reasons given above, the Unchallenged Arbitrators decide as follows:

(a) The Proposal to Disqualify Prof. Sands is accepted.

(b) A decision on costs incurred arising out of the Claimant's Proposal is reserved for a later stage.

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