Case Details

Abed El Jaouni v. Lebanese Republic (ICSID Case No. ARB/15/3)

Subject of Dispute:

Air transportation services
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Lebanon - Germany 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Abed El Jaouni (German)
Respondent(s):

Lebanese Republic (Lebanese)
Date Registered:

January 16, 2015
Date of Constitution of Tribunal:

August 5, 2015

Composition of Tribunal

President:

Albert Jan VAN DEN BERG (Dutch) - Appointed by Co-Arbitrators
Arbitrators:

J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Rodrigo OREAMUNO (Costa Rican) - Appointed by Other

Party Representatives

Claimant(s):

Alem & Associates, Beirut, Lebanon
Quinn Emanuel Urquhart & Sullivan, London, U.K. and Los Angeles, CA, U.S.A.
Respondent(s):

Bredin Prat, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 14, 2021 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

May 20, 2021
Date of Constitution of ad hoc Committee:

July 20, 2021

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Mónica PINTO (Argentine)
Members:

Cavinder BULL (Singaporean)
Jakob RAGNWALDH (Swedish)

Party Representatives

Claimant(s):

Alem & Associates, Beirut, Lebanon and Abu Dhabi, United Arab Emirates
Respondent(s):

Bredin Prat, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

May 27, 2024 -
Each party files a statement of costs.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
January 16, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
April 15, 2015	Following appointment by the Claimants, J. William Rowley (Canadian/British) accepts his appointment as arbitrator.
June 24, 2015	Following appointment by the ICC, Rodrigo Oreamuno (Costa Rican) accepts his appointment as arbitrator.
August 5, 2015	Following appointment by his co-arbitrators, Albert Jan van den Berg (Dutch) accepts his appointment as presiding arbitrator.
August 5, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention and Articles 9 and 10 of the Germany-Lebanon BIT 1997. Its members are: Albert Jan van den Berg (Dutch), President, appointed by the co-arbitrators; J. William Rowley (Canadian/British), appointed by Claimants; and Rodrigo Oreamuno (Costa Rican), appointed by the International Chamber of Commerce pursuant to Article 9(3) of the Germany– Lebanon BIT 1997.
October 16, 2015	The Tribunal holds a first session by telephone conference.
October 28, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 22, 2015	The Claimants file a memorial on the merits.
February 2, 2016	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
June 6, 2016	The Respondent files a counter-memorial on jurisdiction and the merits.
July 5, 2016	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
July 11, 2016	The Tribunal issues a decision on production of documents.
July 20, 2016	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
August 24, 2016	The Claimants file a reply on jurisdiction and the merits.
September 10, 2016	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
October 21, 2016	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
October 23, 2016	The Tribunal issues a decision on the production of documents.
November 4, 2016	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
January 26, 2017	The Respondent files a rejoinder on jurisdiction and the merits.
March 9, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
March 10, 2017	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
March 20, 2017	The Respondent files observations on the Claimants’ request of March 20, 2017.
March 20, 2017	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
March 22, 2017	The Tribunal decides on the admissibility of new evidence.
March 22, 2017	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
April 8, 2017 - April 14, 2017	The Tribunal holds a hearing on jurisdiction and liability in Washington, D.C.
June 4, 2017 - June 5, 2017	The Tribunal holds a hearing on quantum in London.
July 24, 2017	Each party files a post-hearing brief.
September 15, 2017	Each party files a reply post-hearing brief.
November 3, 2017	Each party files a submission on costs.
November 17, 2017	Each party files a reply submission on costs.
June 25, 2018	The Tribunal issues a decision on jurisdiction, liability and certain aspects of quantum.
July 30, 2018	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
September 12, 2018	The Respondent files a request for security for costs.
September 21, 2018	The Claimant files observations on the Respondent’s request for security for costs.
September 24, 2018	The Respondent files a response to the Claimant’s observations of September 21, 2018.
October 1, 2018	The Claimant files further observations on the Respondent’s response of September 24, 2018.
October 11, 2018	The Tribunal issues Procedural Order No. 9 concerning the Respondent’s request for security for costs.
March 22, 2019	The Claimant files a submission on quantum.
August 30, 2019	The Respondent files a response to the Claimant’s submission on quantum.
September 19, 2019	The Claimant files a reply on quantum.
October 9, 2019	The Respondent files a rejoinder on quantum.
October 15, 2019	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 17, 2019	The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.
October 23, 2019 - October 24, 2019	The Tribunal holds a hearing on quantum in Paris.
October 31, 2019	The Claimant files answers to questions posed by the Tribunal during the hearing on quantum.
November 7, 2019	The Respondent files answers to questions posed by the Tribunal during the hearing on quantum.
December 4, 2019	The Respondent files a post-hearing brief.
December 5, 2019	The Claimant files a post-hearing brief.
December 18, 2019	Each party files a reply post-hearing brief.
January 24, 2020	Each party files a submission on costs.
January 31, 2020	Each party files a reply submission on costs.
November 3, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 14, 2021	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
May 20, 2021	The Secretary-General registers an application for annulment of the award filed by Abed El Jaouni and notifies the parties of the provisional stay of enforcement of the award.
July 20, 2021	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Mónica Pinto (Argentine), President; Cavinder Bull (Singaporean); and Jakob Ragnwaldh (Swedish); all members appointed by the Chairman of the Administrative Council.
August 25, 2021	Abed El Jaouni files a request to continue the stay of enforcement of the award.
September 10, 2021	The Lebanese Republic files observations on Abed El Jaouni’s request to continue the stay of enforcement of the award.
October 12, 2021	The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award by video conference.
October 15, 2021	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 26, 2021	The ad hoc Committee issues a decision on the stay of enforcement of the award.
February 1, 2022	Abed El Jaouni files a memorial on annulment.
June 22, 2022	The Lebanese Republic files a counter-memorial on annulment.
September 13, 2022	Abed El Jaouni files a reply on annulment.
December 7, 2022	The Lebanese Republic files a rejoinder on annulment.
February 21, 2023	The Secretary-General suspends the proceedings for non-payment pursuant to ICSID Administrative and Financial Regulation 16(2)(b).
July 14, 2023	The proceeding is resumed following payment of the required advances.
April 16, 2024	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
April 18, 2024	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
May 11, 2024	The ad hoc Committee holds a hearing on annulment in person in Paris and by video conference.
May 27, 2024	Each party files a statement of costs.