Arbitral Digest

Matter

Orascom TMT Investments S.à r.l. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/12/35)

Case no.
ARB/12/35
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 31 May 2017Arbitration

    31 May 2017Arbitration

    Award dated 31 May 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared the claims inadmissible and was precluded from exercising jurisdiction over the dispute. It ordered the Claimant to reimburse the Respondent's ICSID cost deposits, contribute US$2,842,811.01 and EUR58,382.16 toward the Respondent's legal fees and other expenses, and dismissed all other requests for relief.

    Supporting details

    5 participants
    Orascom TMT Investments S.à r.l.
    People's Democratic Republic of Algeria
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Brigitte Stern

    6 months and 28 days later · 212 days

  2. 29 December 2017Arbitration

    29 December 2017Arbitration

    Procedural Order No. 1 dated 29 December 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    Procedural Order No. 1 recorded the Parties' agreement on procedural matters, including application of the Arbitration Rules in effect from 10 April 2006, English and French as procedural languages, and Paris, France as the place of proceeding.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 11 days later · 73 days

  3. 12 March 2018Arbitration

    12 March 2018Arbitration

    Decision on the Stay of Enforcement of the Award dated 12 March 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee continued the stay of enforcement of the Award until its decision on the annulment application, subject to stated conditions; non-compliance would automatically terminate the stay, and costs were reserved.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 27 days later · 58 days

  4. 9 May 2018Arbitration

    9 May 2018Arbitration

    Decision Modifying the Conditions for the Continuation of the Stay of Enforcement of the Award dated 9 May 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee modified the conditions for continuation of the stay and required the Applicant to deposit US$3,508,598.13 and EUR58,382.16 into an escrow account administered by the Permanent Court of Arbitration by 15 June 2018; failure to comply would automatically terminate the stay, and costs were reserved.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 years, 4 months and 8 days later · 862 days

  5. 17 September 2020Arbitration

    17 September 2020Arbitration

    Decision on Annulment dated 17 September 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee unanimously rejected Orascom TMT Investments S.à r.l.'s application for partial annulment of the Award. The stay of enforcement ceased to have effect, Algeria became entitled to draw the amounts due under the Award deposited in escrow with the Permanent Court of Arbitration, and Orascom was ordered to bear the ICSID costs of the annulment proceeding; each Party was to bear its own legal representation costs and expenses.

    Supporting details

    5 authorities · 8 participants
    Orascom TMT Investments S.à r.l.
    Representative
    White & Case LLP (For: Orascom TMT Investments S.à r.l.)
    People's Democratic Republic of Algeria
    Representative
    Shearman & Sterling LLP (For: People's Democratic Republic of Algeria)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Peter Tomka
    Arbitrator
    Klaus Sachs
    Tribunal secretary
    Aurelia Antonietti

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Agreement between the Belgo-Luxembourg Economic Union and the People's Democratic Republic of Algeria on the Reciprocal Promotion and Protection of Investments (BLEU-Algeria BIT)
      statute
    • Tulip Real Estate and Development Netherlands B.V. v. Republic of Turkey (ICSID Case No. ARB/11/28)
      case law
    • MCI Power Group, L.C. and New Turbine, Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6)
      case law
    • EDF International S.A., Saur International S.A. and Leon Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/03/23)
      case law

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Orascom TMT Investments S.à r.l. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/12/35) · Matter