Arbitral Digest

Matter

Ayat Nizar Raja Sumrain and others v. State of Kuwait (ICSID Case No. ARB/19/20)

Case no.
ARB/19/20
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 2 January 2020Arbitration

    2 January 2020Arbitration

    Decision on the Claimants' Proposal to Disqualify Prof. Zachary Douglas and Mr. V. V. Veeder

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Chairman dismissed the Claimants' proposal to disqualify Zachary Douglas and V. V. Veeder and made no decision on costs incurred in connection with the decision.

    Supporting details

    17 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    17
    • 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
    • IBA Guidelines on Conflicts of Interest in International Arbitration (IBA Council resolution of October 23, 2014)
      academic
    • Report of the ASIL-ICCA Joint Task Force on Issue Conflicts in Investor-State Arbitration (ICCA Reports No. 3, 17 March 2016)
      academic
    • Burlington Resources, Inc. v. Republic of Ecuador (ICSID Case No. ARB/08/5, Decision on the Proposal for Disqualification of Professor Francisco Orrego Vicuña, 13 December 2013)
      case-law
    • Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic (ICSID Case No. ARB/07/26, Decision on Claimants’ Proposal to Disqualify Professor Campbell McLachlan, 12 August 2010)
      case-law
    • Raiffeisen Bank International AG and Raiffeisenbank Austria D.D. v. Republic of Croatia (ICSID Case No. ARB/17/34, Decision on the Proposal to Disqualify Stanimir Alexandrov, 17 May 2018)
      case-law
    • Elitech B.V. and Razvoj Golf D.O.O. v. Republic of Croatia (ICSID Case No. ARB/17/32, Decision on the Proposal to Disqualify Professor Brigitte Stern, 23 April 2018)
      case-law
    • Tidewater Inc., Tidewater Investment SRL, Tidewater Coribe, C.A. and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/5, Decision on Claimants’ Proposal to Disqualify Professor Brigitte Stern, Arbitrator, 23 December 2010)
      case-law
    • Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan (ICSID Case No. ARB/13/13, Decision on the Proposal for Disqualification of Bruno Boesch, 20 March 2014)
      case-law
    • OPIC Karimum Corporation v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/14, Decision on the Proposal to Disqualify Professor Philippe Sands, Arbitrator, 5 May 2011)
      case-law
    • Blue Bank International & Trust (Barbados) Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/20, Decision on the Parties’ Proposals to Disqualify a Majority of the Tribunal, 12 November 2013)
      case-law
    • BSG Resources Limited, BSG Resources (Guinea) Limited and BSG Resources (Guinea) SARL v. Republic of Guinea (ICSID Case No. ARB/14/22, Decision on the Proposal to Disqualify all Members of the Tribunal, 28 December 2016)
      case-law
    • The ICSID Convention: A Commentary (2nd edition, 2009)
      academic
    • Universal Compression International Holdings, S.L.U. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/9, Decision on the Proposal to Disqualify Prof. Brigitte Stern and Prof. Guido Santiago Tawil, 20 May 2011)
      case-law
    • Suez, Sociedad General de Aguas de Barcelona SA v. Argentine Republic (ICSID Cases Nos. ARB/03/17 and ARB/03/19, Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal, 22 October 2007)
      case-law
    • Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic (ICSID Case No. ARB/97/3, Decision on the Challenge to the President of the Committee, 3 October 2001)
      case-law

    3 months and 21 days later · 112 days

  2. 23 April 2020Arbitration

    23 April 2020Arbitration

    Decision on the Respondent's Request for Suspension of Proceedings and on the Procedure Regarding the Claimants' Request for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declined to fully suspend the proceedings at that stage, directed the Respondent to state whether it could undertake not to enforce the eviction order without reasonable prior notice, and set directions for any definitive request for provisional measures.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • 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

    2 months and 7 days later · 68 days

  3. 30 June 2020Arbitration

    30 June 2020Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework for the arbitration, including application of the ICSID Arbitration Rules in force as of 10 April 2006, and provided that Paris, France would be the place of the proceeding.

    Supporting details

    4 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • 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 (2006) (as amended and effective 10 April 2006)
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    3 months and 5 days later · 97 days

  4. 5 October 2020Arbitration

    5 October 2020Arbitration

    Decision on the Joinder Application

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected Amal Ibrahim Abdel Hamid's application to join the arbitration as a third-party claimant because the Respondent had not consented to the joinder.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Agreement for the Promotion and Reciprocal Protection of Investments between the Government of the Arab Republic of Egypt and the Government of the State of Kuwait (Entered into force 26 April 2002)
      statute
    • 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

    3 months and 27 days later · 119 days

  5. 1 February 2021Arbitration

    1 February 2021Arbitration

    Procedural Order No. 2 - Decision on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered bifurcation of the Respondent's Second, Third and Fifth Objections and invited the Claimants to state whether they wished to include other objections in the preliminary phase.

    Supporting details

    8 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    8
    • Agreement for the Promotion and Reciprocal Protection of Investments between the Government of the Arab Republic of Egypt and the Government of the State of Kuwait (Entered into force 26 April 2002)
      statute
    • 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
    • Philip Morris Asia Limited v. Commonwealth of Australia (PCA Case No. 2012-12, Procedural Order No. 8, 14 April 2014)
      case-law
    • Carlos Sastre and others v. United Mexican States (ICSID Case No. UNCT/20/2, Procedural Order No. 2, 13 August 2020)
      case-law
    • Eco Oro Minerals Corp. v. Republic of Colombia (ICSID Case No. ARB/16/41, Procedural Order No. 2, 28 June 2018)
      case-law
    • Egyptian Nationality Law No. 26 of 1975 (Law No. 26 of 29 May 1975)
      statute
    • Egyptian Law No. 154 of 2004 (Law No. 154 of 2004)
      statute

    2 months and 28 days later · 87 days

  6. 29 April 2021Arbitration

    29 April 2021Arbitration

    Procedural Order No. 3 - On Organization of the Hearing on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions for the organization and conduct of the hearing on jurisdiction, including its virtual format, schedule, document handling, witness and expert examination, recording, interpretation, and hearing arrangements.

    Supporting details

    International Centre for Settlement of Investment Disputes

    13 days later · 13 days

  7. 12 May 2021Arbitration

    12 May 2021Arbitration

    Procedural Order No. 4 - On Suspension of the Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded the Parties' agreement, vacated the hearing dates, confirmed that the proceeding was suspended as of 11 May 2021, and invited the Parties to provide an update by 11 June 2021.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 30 days later · 275 days

  8. 11 February 2022Arbitration

    11 February 2022Arbitration

    Order of the Tribunal Taking Note of the Discontinuance of the Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    At the Parties' request and pursuant to Rule 43(1) of the ICSID Arbitration Rules, the Tribunal took note of the discontinuance of the proceeding. After deducting remaining arbitration costs, ICSID was to reimburse the balance of the Parties' advance payments in proportion to the payments advanced.

    Supporting details

    4 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Agreement for the Promotion and Reciprocal Protection of Investments between the Government of the Arab Republic of Egypt and the Government of the State of Kuwait (Entered into force 26 April 2002)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (2006) (effective 10 April 2006)
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

Matter record

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Ayat Nizar Raja Sumrain and others v. State of Kuwait (ICSID Case No. ARB/19/20) · Matter