Arbitral Digest

Matter

Cementos La Union S.A. and Aridos Jativa S.L.U. v. Arab Republic of Egypt (ICSID Case No. ARB/13/29)

Case no.
ARB/13/29
Applicable rules
ICSID Arbitration Rules (10 April 2006)
  1. 30 October 2020Arbitration

    30 October 2020Arbitration

    Award dated 30 October 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that it had jurisdiction and found that Egypt breached the Spain–Egypt investment treaty by failing to provide effective means of asserting claims and enforcing rights before the Egyptian Administrative Courts. It found no breach of the obligation to accord justice, dismissed the remaining claims and monetary relief, and ordered Egypt to pay the Claimants USD 546,221.96, representing 50 percent of the advances expended for Tribunal and ICSID fees and costs.

    Supporting details

    6 authorities · 8 participants
    Cementos La Union S.A.
    Aridos Jativa S.L.U.
    Arab Republic of Egypt
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Philippe Sands
    Tribunal secretary
    Alex B. Kaplan
    Tribunal secretary
    Lauren Schuttloffel

    Authorities cited

    6
    • Treaty for the Reciprocal Promotion and Protection of Investments between the Kingdom of Spain and the Arab Republic of Egypt (Signed 3 November 1992; entered into force 26 April 1994)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of other States
      treaty
    • Treaty Between the United States of America and the Arab Republic of Egypt Concerning the Reciprocal Encouragement and Protection of Investments (Signed 11 March 1986; entered into force 27 June 1992)
      treaty
    • Egyptian Law 21 of 1958 on Regulating and Encouraging Industry in the Egyptian Territory (Law 21 of 1958)
      statute
    • Egyptian Law No. 8 of 1997 concerning Investment Guarantees and Incentives (Law No. 8 of 1997)
      statute
    • Egyptian Presidential Decree No. 350 of 2005 establishing the Industrial Development Authority (Presidential Decree No. 350 of 2005)
      statute

    2 years, 9 months and 1 day later · 1004 days

  2. 31 July 2023Arbitration

    31 July 2023Arbitration

    Decision on Annulment dated 31 July 2023

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee unanimously dismissed the application for partial annulment of the Award and ordered the Applicant Parties to bear all costs of the annulment proceeding, including the Committee's fees and expenses, ICSID administrative fees and direct expenses, and EUR 600,000 for the Respondent's legal fees and expenses.

    Supporting details

    3 authorities · 7 participants
    Cementos La Union S.A.
    Aridos Jativa S.L.U.
    Arab Republic of Egypt
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Monica Pinto
    Arbitrator
    Wendy J. Miles
    Tribunal secretary
    Alex B. Kaplan

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of other States
      treaty
    • Treaty for the Reciprocal Promotion and Protection of Investments between the Kingdom of Spain and the Arab Republic of Egypt (Signed 3 November 1992; entered into force 26 April 1994)
      treaty
    • Treaty Between the United States of America and the Arab Republic of Egypt Concerning the Reciprocal Encouragement and Protection of Investments (Signed 11 March 1986; entered into force 27 June 1992)
      treaty

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Cementos La Union S.A. and Aridos Jativa S.L.U. v. Arab Republic of Egypt (ICSID Case No. ARB/13/29) · Matter