Agility v Iraq: the Korek Telecom claim

The dispute

Agility invested in Korek Telecom Company LLC, an Iraqi telecommunications company ². A 2014 order of Iraq's Communications and Media Commission declared the partnership void, and Agility argued that Iraq's implementation of that order stripped its investment without compensation ². Agility values the investment at over US$380 million ³.

Iraq argued before the tribunal that the matter was a shareholder dispute over a government-mandated equity change in Korek ². It said the order required only that the share transfer be unwound and that a 2019 decree fulfilled the order rather than breaching it ².

Jurisdiction and the 2021 award

ICSID registered the case on 24 February 2017, and the tribunal was constituted on 20 December 2017 ¹. On 31 October 2018 the tribunal suspended the merits to hear jurisdictional objections first, and it issued a Decision on Jurisdiction on 9 July 2019 ¹. The annulment committee records that the tribunal limited jurisdiction to disputes arising after the treaty entered into force on 4 February 2015, and found no jurisdiction over a collusion dispute and a composite breach claim ².

The merits hearing was held by video conference from 12 to 16 October 2020 ¹. The award of 22 February 2021 dismissed Agility's two remaining claims, on failure to implement the order and on denial of justice ². The tribunal adopted Iraq's narrow reading of the order and found no material difference between the order and the 2019 decree, so the expropriation claim failed ². It found that the Administrative Court's refusal of a joinder application did not meet the threshold for denial of justice ². Iraq was awarded the full professional fees and administrative costs it sought ².

Annulment

Agility applied for annulment under Article 52(1)(b), (d) and (e) of the ICSID Convention, and ICSID registered the application on 4 June 2021 ^1,2. The ad hoc committee was Ricardo Ramírez Hernández (President), Hi-Taek Shin and Jacomijn J. van Haersolte-van Hof ¹. It held a hearing in London on 15 and 16 November 2022 and issued its decision on 8 February 2024, with a partial dissent by Ms van Haersolte-van Hof ¹.

Agility argued that the tribunal manifestly exceeded its powers by taking a restrictive approach to jurisdiction over its implementation claim ². Iraq argued that Agility sought an appeal in disguise and that any excess of powers was not manifest ².

In a disclosure of 9 July 2024, Agility states that the committee partly annulled the award, finding that the tribunal had erroneously shielded Iraq's actions from scrutiny and failed to state reasons ³. The dispositive text of the committee's decision was not available in the portion of the decision opened for this page ².

The resubmitted case

Agility states that it resubmitted its expropriation claims to ICSID with no maximum claim value ³. ICSID registered the resubmission on 16 July 2024 ¹. The new tribunal, constituted on 10 March 2025, is Sarah Grimmer (President), Stephen L. Drymer and August Reinisch ¹.

Agility filed its memorial on 1 July 2025 ¹. Iraq asked for preliminary treatment of jurisdictional objections on 13 August 2025, and on 23 September 2025 the tribunal joined them to the merits ¹. Iraq filed its counter-memorial on 13 January 2026 and Agility its reply on 2 June 2026 ¹. The case was pending when checked ¹.