Arbitral Digest

Matter

Global Telecom Holding S.A.E. v. Canada (ICSID Case No. ARB/16/16)

Case no.
ARB/16/16
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 13 June 2017France

    13 June 2017France

    Procedural Order No. 1 dated June 13, 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued the procedural rules governing the arbitration and set the procedural timetable.

    Supporting details

    5 authorities · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations, Regulation 25
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
    • Agreement between Canada and the Arab Republic of Egypt for the Promotion and Protection of Investments (entered into force 11 March 1998)
      statute

    4 months and 17 days later · 139 days

  2. 30 October 2017France

    30 October 2017France

    Confidentiality Order dated October 30, 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal defined confidential and restricted-access information and established procedures for designating, handling, and disclosing it.

    Supporting details

    5 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe

    1 month and 14 days later · 45 days

  3. 14 December 2017France

    14 December 2017France

    Procedural Order No. 2 dated December 14, 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied Canada’s request to bifurcate the proceedings.

    Supporting details

    2 authorities · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • Agreement between Canada and the Arab Republic of Egypt for the Promotion and Protection of Investments (entered into force 11 March 1998)
      statute

    5 months and 18 days later · 169 days

  4. 1 June 2018France

    1 June 2018France

    Procedural Order No. 3 dated June 1, 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Parties’ document-production requests and confirmed that it was not ordering production of documents subject to legal privilege.

    Supporting details

    1 authority · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    5 months and 2 days later · 155 days

  5. 3 November 2018France

    3 November 2018France

    Procedural Order No. 4 dated November 3, 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Claimant’s objections to the Respondent’s privilege claims and issued directions concerning the privilege log and review of withheld or redacted documents.

    Supporting details

    1 authority · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    1 month and 10 days later · 40 days

  6. 13 December 2018France

    13 December 2018France

    Procedural Order No. 5 dated December 13, 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided outstanding issues concerning legal privilege, including privilege over communications shared with financial, tax, and public-relations advisers.

    Supporting details

    1 authority · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    1 month and 5 days later · 36 days

  7. 18 January 2019France

    18 January 2019France

    Procedural Order No. 6 dated January 18, 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that the Claimant had affirmatively used legal advice in support of its claims, held that privilege was waived for the relevant documents, and ordered disclosure subject to specified redactions.

    Supporting details

    1 authority · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    1 month and 24 days later · 55 days

  8. 14 March 2019France

    14 March 2019France

    Procedural Order No. 7 dated March 14, 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the evidentiary hearing, including the hearing schedule and examination of witnesses and experts.

    Supporting details

    6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke
  9. 14 March 2019France

    14 March 2019France

    Procedural Order No. 8 dated March 14, 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning the conduct and record of the hearing, including demonstrative exhibits, hearing bundles, and transcripts.

    Supporting details

    6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    11 days later · 11 days

  10. 25 March 2019France

    25 March 2019France

    Procedural Order No. 9 dated March 25, 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued further procedural directions concerning the hearing and the treatment of privilege-related documents.

    Supporting details

    6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    8 months and 13 days later · 258 days

  11. 8 December 2019France

    8 December 2019France

    Procedural Order No. 10 dated December 8, 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the requests concerning additional documents and evidence and admitted or rejected the identified materials as stated in the Order.

    Supporting details

    6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Frauke Nitschke

    3 months and 19 days later · 110 days

  12. 27 March 2020France

    27 March 2020France

    Award dated March 27, 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declined jurisdiction over GTH’s national treatment claim, accepted jurisdiction over its fair and equitable treatment, full protection and security, and unrestricted transfer claims, found those claims admissible, dismissed them on the merits and dismissed GTH’s damages request. The Parties were ordered to bear the arbitration costs equally, with each Party bearing its own legal costs and expenses.

    Supporting details

    3 authorities · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Georges AFFAKI
    Arbitrator
    Gary Born
    Arbitrator
    Vaughan Lowe
    Tribunal secretary
    Lindsay Gastrell

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
    • Agreement between Canada and the Arab Republic of Egypt for the Promotion and Protection of Investments (entered into force 11 March 1998)
      statute

    7 months and 27 days later · 241 days

  13. 23 November 2020France

    23 November 2020France

    Procedural Order No. 1 dated November 23, 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee established the procedural framework and timetable for the annulment proceedings.

    Supporting details

    3 authorities · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Monica Pinto
    Arbitrator
    Lawrence Boo
    Arbitrator
    Dyla Jimenez
    Tribunal secretary
    Aurelia Antonietti

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations, Regulation 25
      statute

    2 months and 12 days later · 73 days

  14. 4 February 2021France

    4 February 2021France

    Procedural Order No. 2 dated February 4, 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee dismissed Canada’s application to submit new evidence and reserved its decision on costs for the Decision on Annulment.

    Supporting details

    3 authorities · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Monica Pinto
    Arbitrator
    Lawrence Boo
    Arbitrator
    Dyla Jimenez
    Tribunal secretary
    Aurelia Antonietti

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Agreement between Canada and the Arab Republic of Egypt for the Promotion and Protection of Investments (entered into force 11 March 1998)
      statute

    11 months and 15 days later · 349 days

  15. 19 January 2022France

    19 January 2022France

    Procedural Order No. 3 dated January 19, 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee organized the virtual hearing scheduled for February 7 and 8, 2022 and set directions for the hearing bundle, exhibits, recording, and transcription.

    Supporting details

    6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Monica Pinto
    Arbitrator
    Lawrence Boo
    Arbitrator
    Dyla Jimenez
    Tribunal secretary
    Aurelia Antonietti

    8 months and 11 days later · 254 days

  16. 30 September 2022France

    30 September 2022France

    Decision on Annulment dated September 30, 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee dismissed both Canada’s Application for Partial Annulment and GTH’s Application for Partial Annulment. It allocated each party its own fees and expenses and required the parties to share the costs of the proceedings.

    Supporting details

    3 authorities · 6 participants
    Global Telecom Holding S.A.E.
    Canada
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Monica Pinto
    Arbitrator
    Lawrence Boo
    Arbitrator
    Dyla Jimenez
    Tribunal secretary
    Aurelia Antonietti

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Agreement between Canada and the Arab Republic of Egypt for the Promotion and Protection of Investments (entered into force 11 March 1998)
      statute

Matter record

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Global Telecom Holding S.A.E. v. Canada (ICSID Case No. ARB/16/16) · Matter