Arbitral Digest

Matter

Tayeb Benabderrahmane v. State of Qatar (ICSID Case No. ARB/22/23)

Case no.
ARB/22/23
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 13 March 2023France

    13 March 2023France

    Procedural Order No. 1: Decision on the Applicable Arbitration Rules

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that the 2022 ICSID Arbitration Rules apply to the proceeding because the Claimant did not sufficiently establish that he consented to arbitration in the November 15, 2021 notice of dispute.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Agreement between the Government of the French Republic and the Government of the State of Qatar on the reciprocal encouragement and protection of investments (France-Qatar Bilateral Investment Treaty, signed at Doha on July 8, 1996)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention

    29 days later · 29 days

  2. 11 April 2023France

    11 April 2023France

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued the procedural rules governing the arbitration and a preliminary procedural calendar. It fixed Paris, France as the place of the proceeding and hearings, and ordered the parties to cover the direct costs of the proceeding in equal parts without prejudice to the final allocation of costs.

    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 (ICSID Convention)
      convention
    • IBA Rules on the Taking of Evidence in International Arbitration (2020)
      academic

    1 month and 20 days later · 50 days

  3. 31 May 2023Qatar

    31 May 2023Qatar

    Judgment dated May 31, 2023

    Decision summary
    A Qatari court rendered a judgment imposing a sentence of death on Tayeb Benabderrahmane.

    Supporting details

    1 participant
    Tayeb Benabderrahmane

    4 months and 2 days later · 125 days

  4. 3 October 2023France

    3 October 2023France

    Procedural Order No. 3: Decision on the Claimant's Application to Produce Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partly accepted and partly denied the Claimant's application for production of documents. It granted specified requests for documents concerning the Claimant's detention and house arrest, dismissed other parts as unspecific or unsubstantiated, treated some requests as withdrawn or moot, and ordered production within 15 days.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Agreement between the Government of the French Republic and the Government of the State of Qatar on the reciprocal encouragement and protection of investments (France-Qatar Bilateral Investment Treaty, signed at Doha on July 8, 1996)
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration (2020)
      academic

    2 months and 11 days later · 72 days

  5. 14 December 2023France

    14 December 2023France

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed all eleven of the Respondent's requests concerning third-party funding, except for part of Request No. 7, which it granted in part without prejudice to a subsequent application.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 days later · 6 days

  6. 20 December 2023France

    20 December 2023France

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recommended that an appropriate and duly empowered Qatari official issue undertakings to protect Tayeb Benabderrahmane, suspend criminal proceedings pending the arbitration, refrain from enforcing the sentence pronounced on May 31, 2023, give advance notice before other criminal proceedings, and preserve documents seized from him. The Tribunal ordered the Respondent to confirm acceptance and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 11 days later · 194 days

  7. 1 July 2024France

    1 July 2024France

    Procedural Order No. 6: Request for Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's request for bifurcation and decided that the jurisdictional objections should not be separated from the merits at this stage.

    Supporting details

    4 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Agreement between the Government of the French Republic and the Government of the State of Qatar on the reciprocal encouragement and protection of investments (France-Qatar Bilateral Investment Treaty, signed at Doha on July 8, 1996)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • Qatar Law No. 25 of 2004 on Combating Concealment of Illegal Commercial, Economic and Professional Practices by Non-Qataris (Qatar Law No. 25 of 2004)
      statute
    • Qatar Law No. 25 of 2005 relating to the Commercial Registry (Qatar Law No. 25 of 2005)
      statute

    30 days later · 30 days

  8. 31 July 2024France

    31 July 2024France

    Procedural Order No. 7: Order Following the Respondent's Non-Compliance with Procedural Orders

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied and dismissed the requested relief except that it directed the Respondent to search for and produce responsive official detention documents and to reissue the undertakings required by Procedural Order No. 5 in original Arabic documents with English translations and appropriate official formalities.

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 months and 13 days later · 317 days

  9. 13 June 2025France

    13 June 2025France

    Procedural Order No. 8: Confidentiality Matters

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered that orders, decisions, filings, hearing recordings, correspondence, and documents produced in the proceedings be treated as confidential and protected information subject to the ICSID Rules, while allowing specified disclosures including public disclosure of the May 2023 Judgment and related measures or undertakings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 days later · 7 days

  10. 20 June 2025France

    20 June 2025France

    Procedural Order No. 9: Decision on the Parties' Application to Produce Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partly accepted and partly denied the parties' requests for production of documents. It granted specified Claimant and Respondent requests, denied others, ordered production of responsive documents within 15 days, and reserved assessment and distribution of related costs.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration (2020)
      academic

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Tayeb Benabderrahmane v. State of Qatar (ICSID Case No. ARB/22/23) · Matter