On April 13, 2022, the Secretary-General of ICSID registered an application for partial annulment of the award filed by Mr. Edmond Khudyan (Claimant) and notifies the parties of the provisional stay of enforcement of the award in ICSID Case.
According to the Claimant, there is no legal source that affirmatively supports the notion that Mr. Khudyan ever became a citizen of the Republic of Armenia. The Tribunal derived its sole support for that premise from its own inaccurate paraphrasing of Article 15 of Soviet Law on the Procedure of Exiting the USSR, the effect of which would be to make every person who had ever lived in the Armenian SSR and emigrated abroad automatically a citizen of the Republic of Armenia in contradiction to the express terms of Republic’s own Citizenship Law. The Tribunal’s decision that it does not have jurisdiction over Mr. Khudyan because he is a citizen of the Republic of Armenia is not tenable, its flaws are clear on the face of the Award, and it does not stand up to even minor scrutiny when compared with the relevant legal sources that were brought to the Tribunal’s attention. It therefore constitutes a manifest excess of powers under Article 52(1)(b) of the Convention.
Therefore, Mr. Khudyan respectfully requests pursuant to the ICSID Convention the Award rendered on 15 December 2021 in ICSID Case No. ARB/17/36 be annulled.
This case concerns a dispute filed with the International Centre for Settlement of Investment Disputes (“ICSID”) pursuant to Armenia – USA BIT.The Claimants are Mr. Edmond Khudyan, a national of the United States of America (“US”), and Arin Capital & Investment Corp., a corporation established under the laws of the State of California in the US (collectively, the “Claimants”).
The Claimants are represented in these proceedings by Dr. Gevorg Tumanov of Redbridge and Mr. James H. Boykin, and Mr. Alexander Bedrosyan of Hughes Hubbard & Reed.