Case Details

Hussein Nuaman Soufraki v. United Arab Emirates (ICSID Case No. ARB/02/7)

Proceeding Materials Procedural Details

  • Concession agreement regarding a port
  • Transportation
  • BIT Italy - United Arab Emirates 1995
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Hussein Nuaman Soufraki (Canadian,Italian)
    • United Arab Emirates (Emiri)
    • June 18, 2002
    • October 23, 2002

      Composition of Tribunal

    • L. Yves FORTIER (Canadian) - Appointed by the Parties
    • Aktham EL KHOLY (Egyptian) - Appointed by the Respondent(s)
      Stephen M. SCHWEBEL (U.S.) - Appointed by the Claimant(s)

      Party Representatives

    • Freshfields Bruckhaus Deringer, New York, NY, U.S.A., and Paris, France
    • Allen & Overy, London, U.K. and Dubai, United Arab Emirates
    • English
    • Concluded
    • July 7, 2004 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Claimant(s)
    • November 12, 2004 (Claimant(s))
    • January 18, 2005

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

    • Florentino P. FELICIANO (Philippine)
    • Omar N. NABULSI (Jordanian)
      Brigitte STERN (French)

      Party Representatives

    • Arnold & Porter, Washington, D.C., U.S.A.
      Christopher Greenwood, London, U.K.
    • Allen & Overy, London, U.K. and Dubai, United Arab Emirates
      James R. Crawford, Cambridge, U.K.
    • English
    • Concluded
    • June 5, 2007 - The ad hoc Committee issues a decision on the application for annulment of the award. The decision includes a separate opinion and a statement of dissent of one of the members of the ad hoc Committee.

    (c) Rectification Proceeding

    • Respondent(s)
    • July 3, 2007 (Respondent(s))

      Party Representatives

    • Arnold & Porter, Washington, D.C., U.S.A.
      Christopher Greenwood, London, U.K.
    • Allen & Overy, London, U.K., and Dubai, United Arab Emirates
      James R. Crawford, Cambridge, U.K.
    • English
    • Concluded
    • August 13, 2007 - The ad hoc Committee issues a decision on the request for rectification of its decision on the application for annulment.

(a) Annulment Proceeding

Published Decisions

Separate Opinion and Statement of Dissent

Decision on the Application for Annulment

Available on the ICSID Website

Separate Opinion and Statement of Dissent (May 27, 2007) English (Original)

Decision on the Application for Annulment (June 5, 2007) English (Original)

(b) Rectification Proceeding

Published Decisions

Decision on Rectification

Available on the ICSID Website

Decision on Rectification (August 13, 2007) English (Original)

(a) Original Proceeding

Date Development
June 18, 2002 The Secretary-General registers a request for the institution of arbitration proceedings.
October 23, 2002 The Tribunal is constituted. Its members are: L. Yves Fortier (Canadian), President; Aktham El Kholy (Egyptian); and Stephen M. Schwebel (U.S.).
December 20, 2002 The Tribunal holds its first session in Washington, D.C.
February 3, 2003 The Respondent files its memorial on jurisdiction.
March 3, 2003 The Claimant files its countermemorial on jurisdiction.
March 31, 2003 The Respondent files a supplementary pleading on jurisdiction.
May 2, 2003 The Claimant files a supplementary pleading on jurisdiction.
May 7, 2003 The Tribunal holds a hearing on jurisdiction in London.
June 30, 2003 The parties file post-hearing briefs on jurisdiction.
March 12, 2004 The Tribunal holds a hearing on jurisdiction in Washington, D.C.
May 3, 2004 The parties file their post-hearing briefs.
July 7, 2004 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
November 12, 2004 The Secretary-General registers a request for the institution of annulment proceedings.
January 18, 2005 The ad hoc Committee is constituted. Its members are: Florentino P. Feliciano (Philippines), President; Omar Nabulsi (Jordanian); and Brigitte Stern (French).
May 19, 2005 The ad hoc Committee holds its first session in The Hague.
August 31, 2005 The Claimant files a memorial.
January 20, 2006 The Respondent files a counter-memorial.
March 30, 2006 The Claimant files a reply.
May 15, 2006 The Respondent files a rejoinder.
June 13, 2006 - June 14, 2006 The ad hoc Committee holds a hearing on the application for annulment in Washington, D.C.
July 21, 2006 The parties file post-hearing briefs.
July 28, 2006 The parties file submissions on costs.
March 20, 2007 The Claimant files a revised submissions on costs.
June 5, 2007 The ad hoc Committee issues a decision on the application for annulment of the award. The decision includes a separate opinion and a statement of dissent of one of the members of the ad hoc Committee.

(c) Rectification Proceeding

Date Development
July 3, 2007 The Secretary-General registers a request for rectification of the ad hoc Committee’s decision on the application for annulment.
August 13, 2007 The ad hoc Committee issues a decision on the request for rectification of its decision on the application for annulment.