Arbitral Digest

Matter

National Gas S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/7)

Case no.
ARB/11/7
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 12 March 2012France

    12 March 2012France

    Procedural Order No. 1 dated 12 March 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the schedule for written submissions and hearings and reserved document-production issues for further consultation.

    Supporting details

    International Centre for Settlement of Investment Disputes

    25 days later · 25 days

  2. 6 April 2012France

    6 April 2012France

    Procedural Order No. 2 dated 6 April 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal did not then confirm bifurcation, maintained the principal submission timetable, permitted an optional initial response on bifurcation and procedure, and limited the Paris meeting to procedural matters.

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 months and 12 days later · 318 days

  3. 18 February 2013France

    18 February 2013France

    Procedural Order No. 3 dated 18 February 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal bifurcated the Respondent's first and second jurisdictional objections and joined the third and fourth objections to the merits without bifurcation.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 9 days later · 37 days

  4. 27 March 2013France

    27 March 2013France

    Procedural Order No. 4 dated 27 March 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal amended the procedural timetable for the bifurcated and non-bifurcated tracks and maintained a 27 June 2013 jurisdictional hearing for the bifurcated issues.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 19 days later · 203 days

  5. 16 October 2013France

    16 October 2013France

    Procedural Order No. 5 dated 16 October 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal suspended the arbitration proceedings until it determined the bifurcated jurisdictional issues or issued a further procedural order.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 18 days later · 169 days

  6. 3 April 2014France

    3 April 2014France

    Award dated 3 April 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld Egypt's jurisdictional objection ratione personae, declined to decide the ratione temporis objection, and declared that ICSID and the Tribunal had no jurisdiction over National Gas S.A.E.'s claim. National Gas S.A.E. was ordered to bear the fees and expenses of the Tribunal and the expenses and charges of the Secretariat, while each party was ordered to bear its own expenses.

    Supporting details

    12 authorities · 26 participants
    National Gas S.A.E.
    Representative
    Khaled El Shalakany (For: National Gas S.A.E.)
    Representative
    Adam Khaled El Shalakany (For: National Gas S.A.E.)
    Representative
    Sherif Morsy (For: National Gas S.A.E.)
    Representative
    Shalakany Law Office (For: National Gas S.A.E.)
    Arab Republic of Egypt
    Representative
    Ezzat Ouda (For: Arab Republic of Egypt)
    Representative
    Lela Kassem (For: Arab Republic of Egypt)
    Representative
    Tim Portwood (For: Arab Republic of Egypt)
    Representative
    Mahmoud Elkhrashy (For: Arab Republic of Egypt)
    Representative
    Amr Arafa (For: Arab Republic of Egypt)
    Representative
    Fatma Khalifa (For: Arab Republic of Egypt)
    Representative
    Reem Hendy (For: Arab Republic of Egypt)
    Representative
    Louis-Christophe Delanoy (For: Arab Republic of Egypt)
    Representative
    Raed Fathallah (For: Arab Republic of Egypt)
    Representative
    Liliane Djahangir (For: Arab Republic of Egypt)
    Representative
    Egyptian State Lawsuits Authority (For: Arab Republic of Egypt)
    Representative
    Bredin Prat (For: Arab Republic of Egypt)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    V. V. Veeder
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Paul-Jean Le Cannu
    Tribunal secretary
    Annie Lesperance
    Tribunal secretary
    Fabian Hincker
    Other
    Witness
    Person Z

    Authorities cited

    12
    • Treaty between Egypt and the United Arab Emirates on the Encouragement, Protection and Guarantee of Investments (Signed 11 May 1997)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (18 March 1965)
      statute
    • Vienna Convention on the Law of Treaties (1969)
      statute
    • Bosnia and Herzegovina v. Yugoslavia (1993 ICJ Rep. 325)
      case-law
    • Fireman's Fund Insurance Company v. United Mexican States (ICSID Case No. ARB(AF)/02/1)
      case-law
    • Amco Asia Corporation and others v. Republic of Indonesia (ICSID Case No. ARB/81/1)
      case-law
    • Vacuum Salt Products Limited v. Republic of Ghana (ICSID Case No. ARB/92/1)
      case-law
    • Autopista Concesionada de Venezuela, C.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/00/5)
      case-law
    • Burimi & Eagle Games v. Albania (ICSID Case No. ARB/11/18)
      case-law
    • TSA Spectrum de Argentina, S.A. v. Argentine Republic (ICSID Case No. ARB/05/5)
      case-law
    • The ICSID Convention: A Commentary (2nd edition)
      academic
    • Investissements etrangers et arbitrage entre Etats et ressortissants d'autres Etats (2004)
      academic

Matter record

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National Gas S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/7) · Matter