Case Details

Ahmonseto, Inc. and others v. Arab Republic of Egypt (ICSID Case No. ARB/02/15)

Subject of Dispute:

Textile enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT United States of America - Egypt, Arab Republic of 1982
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

A. BMH & Co., Inc. (U.S.), Adel Talebagha (U.S.), Ahmonseto, Inc. (U.S.), Aida Talebagha (U.S.), Badie Talebagha (U.S.), E&D Industrial California Overseas Company (U.S.), Hala Talebagha (U.S.)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

November 18, 2002
Date of Constitution of Tribunal:

January 29, 2003

Composition of Tribunal

President:

Pierre TERCIER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

Ibrahim FADLALLAH (French, Lebanese) - Appointed by the Claimant(s)
Alain VIANDIER (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Shearman & Sterling, Paris, France
Respondent(s):

Bredin Prat, Paris, France
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 18, 2007 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 2, 2007 (Claimant(s))
Date of Constitution of ad hoc Committee:

March 4, 2008

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

President:

Piero BERNARDINI (Italian)
Members:

Azzedine KETTANI (Moroccan)
Peter TOMKA (Slovak)

Party Representatives

Claimant(s):

Shearman & Sterling, Paris, France
Respondent(s):

Bredin Prat, Paris, France
The Egyptian State Lawsuits Authority, Cairo, Egypt
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 13, 2010 - The ad hoc Committee issues an order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).

No References Available.

(a) Original Proceeding

Date	Development
November 18, 2002	The Secretary-General registers a request for the institution of arbitration proceedings.
January 29, 2003	The Tribunal is constituted. Its members are: Pierre Tercier (Swiss), President; Ibrahim Fadlallah (Lebanese/French); and Alain Viandier (French).
March 4, 2003	The Tribunal holds its first session in Paris.
April 2, 2003	The Claimants file a request for provisional measures.
April 30, 2003	The Respondent files its reply to the Claimants' request for provisional measures.
May 22, 2003	The Claimants file their reply in support of their request for provisional measures.
June 9, 2003	The Respondent files its rejoinder on provisional measures.
June 13, 2003	The Tribunal holds a hearing on provisional measures in Paris.
October 10, 2003	The Tribunal issues a procedural order on provisional measures.
October 27, 2003	The Claimants file their memorial on the merits.
March 15, 2004	The Tribunal issues an interim decision on a jurisdictional issue.
March 17, 2004	The Respondent files its memorial on jurisdiction and its counter-memorial on the merits.
November 15, 2004	The Tribunal decides to join the objections to jurisdiction to the merits.
January 17, 2005	The Respondent files its reply on jurisdiction and rejoinder on the merits.
March 8, 2005	The Claimants file their rejoinder on jurisdiction.
April 18, 2005	The Tribunal issues a procedural order on the hearing on witnesses.
September 2, 2005	The Tribunal issues a procedural order concerning the organization of the hearing of witnesses.
September 18, 2005	The Tribunal holds a hearing of witnesses in Cairo.
September 20, 2005 - September 21, 2005	The September 18, 2005 hearing of witnesses continues in Geneva.
January 23, 2006	The Claimants file a post-hearing brief.
March 20, 2006	The Respondent files a post-hearing brief.
May 9, 2006 - May 10, 2006	The Tribunal holds a hearing on oral arguments in Geneva.
September 7, 2006	The Claimants file a memorial on new facts and updates.
October 25, 2006	The Respondent files observations on the Claimants' memorial on new facts and updates.
April 5, 2007	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 18, 2007	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 2, 2007	The Acting Secretary-General registers an application for the institution of annulment proceedings.
March 4, 2008	The ad hoc Committee is constituted. Its members are: Piero Bernardini (Italian), President; Azzedine Kettani (Moroccan); and Peter Tomka (Slovak).
April 18, 2008	The ad hoc Committee holds a first session by telephone conference.
June 30, 2008	Ahmonseto, Inc. and others file a memorial on annulment.
October 20, 2008	The Arab Republic of Egypt files a counter-memorial on annulment.
December 22, 2008	Ahmonseto, Inc. and others file a reply on annulment.
March 2, 2009	The Arab Republic of Egypt files a rejoinder on annulment.
January 28, 2010	The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d). The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
October 1, 2010	The Secretary-General moves that the ad hoc Committee discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
October 13, 2010	The ad hoc Committee issues an order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).