Arbitral Digest

Matter

Joy Mining Machinery Limited v Arab Republic of Egypt (ICSID Case No. ARB/03/11)

Joy Mining's dispute with Egypt over equipment for the Abu Tartur phosphate project, with treaty claims concerning performance testing and bank guarantees.

  • Investor-state arbitration
Case no.
ARB/03/11
Applicable rules
ICSID Arbitration Rules · ICSID Institution Rules

Procedural record

  1. 6 August 2004Arbitration

    6 August 2004Arbitration

    Award on Jurisdiction dated 6 August 2004

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that the Centre lacked jurisdiction and that the Tribunal lacked competence to consider the claims. Each party was ordered to pay one half of the arbitration costs and bear its own legal costs.

    Participants

    Joy Mining Machinery Limited
    Representative
    Mr. Hugh R. McCombs (For: Joy Mining Machinery Limited)
    Representative
    Mr. James E. Tancula (For: Joy Mining Machinery Limited)
    Representative
    Mr. Michael D. Regan (For: Joy Mining Machinery Limited)
    Representative
    Mr. Timothy Tyler (For: Joy Mining Machinery Limited)
    Representative
    Mr. James Fielden (For: Joy Mining Machinery Limited)
    Representative
    Mr. James A. Chokey (For: Joy Mining Machinery Limited)
    Representative
    Kim R. Kodousek (For: Joy Mining Machinery Limited)
    The Arab Republic of Egypt
    Representative
    Dr. Ahmed Sadek El-Kosheri (For: The Arab Republic of Egypt)
    Representative
    Dr. Andres Reiner (For: The Arab Republic of Egypt)
    Representative
    Counselor Hossam Abd-El Azim (For: The Arab Republic of Egypt)
    Representative
    Counselor Osama Aboul-Kheir Mahmoud Soysal (For: The Arab Republic of Egypt)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Professor Francisco Orrego Vicuna
    Arbitrator
    Mr. William Laurence Craig
    Arbitrator
    Judge Christopher G. Weeramantry
    Tribunal secretary
    Mr. Ucheora Onwuamaegbu

    1 year, 4 months and 10 days later · 497 days

  2. 16 December 2005Arbitration

    16 December 2005Arbitration

    Order of the Annulment Committee Pursuant to ICSID Arbitration Rule 43(1) dated 16 December 2005

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Annulment Committee took note of the discontinuance of the annulment proceeding after the parties notified the Centre that they had settled their dispute.

    Participants

    Joy Mining Machinery Limited
    Arab Republic of Egypt
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Antonias Dimolitsa
    Arbitrator
    Michael Hwang, SC
    Arbitrator
    Jose Luis Shaw
    Institutional administrator
    Ucheora Onwuamaegbu

Matter record

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Joy Mining Machinery Limited v Arab Republic of Egypt (ICSID Case No. ARB/03/11) · Matter