Monument’s Dr. Paul Kent Serves as Port Industry Expert in Two Important Arbitration Wins for the Republic of Georgia
Monument Economics Group is pleased to share the news of two decisive victories for the Republic of Georgia in international arbitration proceedings related to the Anaklia Port project. Monument’s Dr. Paul Kent was retained by the Republic of Georgia in both cases to serve as the independent industry expert. Georgia was represented by White & Case’s Paris-based legal team. Dr. Kent contributed to both matters as the independent industry expert, providing analysis on investment due diligence, global best practices in port concessions, project feasibility, risk, and market conditions.
The most recent ruling, issued on July 30, 2025, came from an ICSID arbitration tribunal, which unanimously dismissed all claims brought by a Dutch investor under the Georgia–Netherlands bilateral investment treaty. The investor had sought nearly US$70 million in compensation tied to his indirect shareholding in the Anaklia Development Consortium (ADC) and a proposed free industrial zone adjacent to the port. The tribunal rejected all claims, finding no breach of Georgia’s treaty obligations and concluding that the investor’s interest in Anaklia City JSC did not qualify for protection under the treaty or the ICSID Convention. The tribunal also awarded Georgia full recovery of arbitration costs, totaling US$6.5 million.
This followed an earlier award issued in July 2024 by an ICC tribunal, which dismissed in full the claims brought by ADC. That dispute centered on Georgia’s January 2020 termination of its investment agreement with ADC, originally signed in 2016 to develop a deep-sea port on the Black Sea coast. ADC initiated arbitration in 2020, seeking more than US$1.5 billion in compensation (later reduced to approximately US$500 million), alleging that the termination was unlawful under Georgian law. After extensive proceedings, the tribunal concluded that ADC had failed to secure the necessary financing despite multiple extensions, and that Georgia’s termination was lawful.
Both tribunals engaged in thorough examination of the record, and their findings strongly affirmed Georgia’s position regarding the project and its termination. These outcomes highlight the importance of rigorous preparation and evidence-based analysis in complex investment disputes