Arbitral Digest

Matter

H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15)

Case no.
ARB/09/15
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 27 December 1998Egypt

    27 December 1998Egypt

    South Cairo Court of First Instance decision dated 27 December 1998

    South Cairo Court of First Instance

    Decision summary
    The court rejected claims seeking to compel the Egyptian General Company for Tourism and Hotels to obtain approval of the December 1992 development plan and an operating licence from the Ministry of Tourism.

    Supporting details

    2 participants
    H&H Enterprises Investments, Inc.
    Egyptian General Company for Tourism and Hotels
    South Cairo Court of First Instance

    2 years, 4 months and 3 days later · 855 days

  2. 30 April 2001Egypt

    30 April 2001Egypt

    Cairo Court of Appeals judgment dated 30 April 2001

    Cairo Court of Appeals

    Decision summary
    The court terminated the Management and Operation Contract on account of the Claimant's failure to perform its obligations under the contract and the Cairo Arbitral Award.

    Supporting details

    2 participants
    H&H Enterprises Investments, Inc.
    Grand Hotels of Egypt
    Cairo Court of Appeals

    11 years, 1 month and 6 days later · 4054 days

  3. 5 June 2012Arbitration

    5 June 2012Arbitration

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the jurisdictional objections based on ratione materiae, ratione temporis, ratione personae, and equitable prescription. It joined the validity of the Option to Buy and the fork-in-the-road objection to the merits.

    Supporting details

    4 authorities · 18 participants
    H&H Enterprises Investments, Inc.
    Representative
    Arif H. Ali (For: H&H Enterprises Investments, Inc.)
    Representative
    Baiju S. Vasani (For: H&H Enterprises Investments, Inc.)
    Representative
    Marguerite C. Walter (For: H&H Enterprises Investments, Inc.)
    Representative
    Kassi D. Tallent (For: H&H Enterprises Investments, Inc.)
    Representative
    Emily Alban (For: H&H Enterprises Investments, Inc.)
    Representative
    Khaled El Shalakany (For: H&H Enterprises Investments, Inc.)
    Representative
    Adam El Shalakany (For: H&H Enterprises Investments, Inc.)
    Arab Republic of Egypt
    Representative
    Karim Hafez (For: Arab Republic of Egypt)
    Representative
    Dalia Hussein (For: Arab Republic of Egypt)
    Representative
    Johanne Cox (For: Arab Republic of Egypt)
    Representative
    Fatma Khalifa (For: Arab Republic of Egypt)
    Representative
    Amr Arafa (For: Arab Republic of Egypt)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Veijo Heiskanen
    Tribunal secretary
    Milanka Kostadinova

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • Treaty between the United States of America and the Arab Republic of Egypt Concerning the Reciprocal Encouragement and Protection of Investments (US-Egypt BIT)
      treaty
    • Egyptian Civil Code
      statute
    • Egyptian Law 43 of 1974 on Arab and Foreign Capital Investment and Free Zones (Egyptian Law 43 of 1974)
      statute

    1 year, 11 months and 1 day later · 700 days

  4. 6 May 2014Arbitration

    6 May 2014Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that it had no jurisdiction over the Claimant's claims except the corruption, denial of justice, and denial of effective means claims. It dismissed the other claims for lack of jurisdiction and dismissed those three claims on the merits. Each Party was ordered to bear its own costs; the Respondent was ordered to bear USD 225,000 of the direct costs of the arbitration, with the remaining direct costs borne by the Claimant.

    Supporting details

    3 authorities · 32 participants
    H&H Enterprises Investments, Inc.
    Representative
    Clifton S. Elgarten (For: H&H Enterprises Investments, Inc.)
    Representative
    Kathryn Kirmayer (For: H&H Enterprises Investments, Inc.)
    Representative
    Jane Wessel (For: H&H Enterprises Investments, Inc.)
    Representative
    Meriam Alrashid (For: H&H Enterprises Investments, Inc.)
    Representative
    Amal Bouhabib (For: H&H Enterprises Investments, Inc.)
    Representative
    Randa Adra (For: H&H Enterprises Investments, Inc.)
    Representative
    Derya Tokdemir (For: H&H Enterprises Investments, Inc.)
    Arab Republic of Egypt
    Representative
    Ian Laird (For: Arab Republic of Egypt)
    Representative
    John Shuler (For: Arab Republic of Egypt)
    Representative
    Alex Erines (For: Arab Republic of Egypt)
    Representative
    Jasmine Dehghan-Dusch (For: Arab Republic of Egypt)
    Representative
    Claudia Annacker (For: Arab Republic of Egypt)
    Representative
    Robert T. Greig (For: Arab Republic of Egypt)
    Representative
    J. Cameron Murphy (For: Arab Republic of Egypt)
    Representative
    Larry Work-Dembowski (For: Arab Republic of Egypt)
    Representative
    Laurie Achtouk-Spivak (For: Arab Republic of Egypt)
    Representative
    Affef Ben Mansour (For: Arab Republic of Egypt)
    Representative
    Sean McGrew (For: Arab Republic of Egypt)
    Representative
    Salma Mohy Eldin Khalid Elalaily (For: Arab Republic of Egypt)
    Representative
    Yasmine Mohamed Aziz Lotfy Shamekh (For: Arab Republic of Egypt)
    Representative
    Ezzat Ouda (For: Arab Republic of Egypt)
    Representative
    Mahmoud El Khrashy (For: Arab Republic of Egypt)
    Representative
    Amr Arafa (For: Arab Republic of Egypt)
    Representative
    Fatma Khalifa (For: Arab Republic of Egypt)
    Representative
    Lela Kassem (For: Arab Republic of Egypt)
    Representative
    Yasmine Aziz (For: Arab Republic of Egypt)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Veijo Heiskanen
    Tribunal secretary
    Milanka Kostadinova

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • Treaty between the United States of America and the Arab Republic of Egypt Concerning the Reciprocal Encouragement and Protection of Investments (US-Egypt BIT)
      treaty
    • Vienna Convention on the Law of Treaties, 1969
      treaty

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H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15) · Matter