Arbitral Digest

Matter

ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2)

Case no.
ARB/08/2
Applicable rules
ICSID Institution Rules · ICSID Arbitration Rules
  1. 30 September 2003Arbitration

    30 September 2003Arbitration

    Final Award of the FIDIC Tribunal dated 30 September 2003

    International Centre for Settlement of Investment Disputes

    Decision summary
    The FIDIC Tribunal awarded ATA USD 5,906,828.30, together with interest, costs, and advocates' fees.

    Supporting details

    2 participants
    ATA Construction, Industrial and Trading Company
    Arab Potash Company
    International Centre for Settlement of Investment Disputes

    2 years, 3 months and 25 days later · 847 days

  2. 24 January 2006Jordan

    24 January 2006Jordan

    Judgment of the Amman Court of Appeal dated 24 January 2006

    Amman Court of Appeal

    Decision summary
    The Court of Appeal annulled the Final Award in the arbitration between ATA and Arab Potash Company and extinguished the Arbitration Agreement.

    Supporting details

    2 authorities · 2 participants
    Arab Potash Company
    ATA Construction, Industrial and Trading Company
    Amman Court of Appeal

    Authorities cited

    2
    • Jordanian Arbitration Law (Law No. 31 of 2001) (Law No. 31 of 2001)
      statute
    • Jordanian Civil Code
      statute

    11 months and 23 days later · 357 days

  3. 16 January 2007Jordan

    16 January 2007Jordan

    Decision of the Jordanian Court of Cassation dated 16 January 2007

    Jordanian Court of Cassation

    Decision summary
    The Court of Cassation dismissed ATA's recourse and confirmed the Court of Appeal's annulment of the Final Award and extinguishment of the Arbitration Agreement.

    Supporting details

    2 authorities · 2 participants
    ATA Construction, Industrial and Trading Company
    Arab Potash Company
    Jordanian Court of Cassation

    Authorities cited

    2
    • Jordanian Arbitration Law (Law No. 31 of 2001) (Law No. 31 of 2001)
      statute
    • Jordanian Civil Code
      statute

    3 years, 4 months and 2 days later · 1218 days

  4. 18 May 2010Arbitration

    18 May 2010Arbitration

    Award dated 18 May 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal held the claims seeking annulment of the Final Award inadmissible for lack of jurisdiction ratione temporis, but admitted the claim concerning extinguishment of the Arbitration Agreement. It found that extinguishment breached Jordan's obligations under the Turkey-Jordan BIT, ordered termination of the Jordanian court proceedings concerning Dike No. 19, and confirmed ATA's entitlement to proceed to arbitration under the Arbitration Agreement. Each party was ordered to bear its own legal costs and one half of the Tribunal's fees, expenses, and ICSID charges.

    Supporting details

    8 authorities · 5 participants
    ATA Construction, Industrial and Trading Company
    Hashemite Kingdom of Jordan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier

    Authorities cited

    8
    • Agreement Between the Hashemite Kingdom of Jordan and the Republic of Turkey Concerning the Reciprocal Promotion and Protection of Investment (Turkey-Jordan BIT)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Jordanian Arbitration Law (Law No. 31 of 2001) (Law No. 31 of 2001)
      statute
    • United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention 1958)
      statute
    • Saipem S.p.A. v. The People's Republic of Bangladesh (ICSID Case No. ARB/05/07)
      case-law
    • Asian Agricultural Products Ltd. v. Sri Lanka (ICSID Case No. ARB/87/3)
      case-law
    • Desert Line Projects LLC v. The Republic of Yemen (ICSID Case No. ARB/05/17)
      case-law
    • The Factory at Chorzow Case (1928 P.C.I.J. No. 13)
      case-law

    9 months and 17 days later · 293 days

  5. 7 March 2011Arbitration

    7 March 2011Arbitration

    Decision on Interpretation and on the Request for Provisional Measures dated 7 March 2011

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal allowed Jordan's Application and confirmed that the Arbitration Agreement was restored in toto and that Arab Potash Company, like ATA, was entitled to exercise the rights conferred by it. ATA and Jordan were ordered to comply immediately and unconditionally with the Award's order to terminate the Jordanian court proceedings; ATA's request for provisional measures was moot. Each party was ordered to bear its own legal costs and one half of the Tribunal's fees, expenses, and ICSID charges.

    Supporting details

    4 authorities · 6 participants
    ATA Construction, Industrial and Trading Company
    Hashemite Kingdom of Jordan
    Arab Potash Company
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Jordanian Arbitration Law (Law No. 31 of 2001) (Law No. 31 of 2001)
      statute
    • United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention 1958)
      statute
    • Wena Hotels Ltd. v. Arab Republic of Egypt (ICSID Case No. ARB/98/4)
      case-law

    4 months and 4 days later · 126 days

  6. 11 July 2011Arbitration

    11 July 2011Arbitration

    Order Taking Note of the Discontinuance of the Proceeding dated 11 July 2011

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee took note of Jordan's withdrawal of its annulment application and ATA's consent to termination. Jordan was ordered to pay USD 80,000 to ATA for fees and costs, with the remaining costs allocated as stated in the Order.

    Supporting details

    1 authority · 5 participants
    Hashemite Kingdom of Jordan
    ATA Construction, Industrial and Trading Company
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute

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ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2) · Matter