Arbitration Outcomes

Agility v Iraq: the Korek Telecom claim

Last checked: 22 October 2026 · Case records

Agility Public Warehousing brought ICSID Case No. ARB/17/7 against Iraq under the Iraq and Kuwait investment treaty over its investment in Korek Telecom 1,2. The award of 22 February 2021 dismissed all claims and awarded Iraq its costs 2,3. An ad hoc committee issued its decision on 8 February 2024, and Agility states the award was partly annulled 1,3. Agility resubmitted the dispute, registered on 16 July 2024, and that case is pending 1.
Forum
ICSID 1
Case number
ARB/17/7 1
Parties
Agility Public Warehousing Company K.S.C. v. Republic of Iraq 1
Instrument
Iraq and Kuwait bilateral investment treaty 1
Investment
Holding in Korek Telecom Company LLC, valued by Agility at over US$380 million 2,3
Original tribunal
Cavinder Bull (President), John Beechey, Sean Murphy 1
Award
22 February 2021, claims dismissed, costs to Iraq 1,2
Annulment
Decision of 8 February 2024, partial dissent by Jacomijn J. van Haersolte-van Hof 1
Resubmission
Registered 16 July 2024, tribunal constituted 10 March 2025 1
Status checked
Resubmission pending, 22 October 2026 1

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.

Common questions

Did Agility win its ICSID case against Iraq?

No. The award of 22 February 2021 dismissed all of Agility's claims and awarded Iraq its costs 2,3.

Was the Agility v Iraq award annulled?

Agility states the ad hoc committee partly annulled it on 8 February 2024 3. One committee member filed a partial dissent 1.

What is the Agility v Iraq case about?

Agility's holding in Korek Telecom, which a 2014 Iraqi regulatory order declared void 2.

Is the Agility v Iraq case still pending?

Yes. The resubmitted case, registered on 16 July 2024, is pending 1.

Rules and fees change. Check the official site linked above before you apply or pay. Spotted an error? Email [email protected] with the official link.

Sources

  1. ICSID: case details, Agility Public Warehousing Company K.S.C. v. Republic of Iraq, ARB/17/7
  2. italaw: Decision on Annulment, Agility v. Iraq, ARB/17/7 (8 February 2024)
  3. Agility Public Warehousing (company statement): disclosure on resubmission of arbitration request (9 July 2024), via italaw

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