Case Details

Helnan International Hotels A/S v. Arab Republic of Egypt (ICSID Case No. ARB/05/19)

Subject of Dispute:

Hotel lease and development agreements
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Denmark - Egypt, Arab Republic of 1999
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Helnan International Hotels A/S (Danish)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

October 5, 2005
Date of Constitution of Tribunal:

February 10, 2006

Composition of Tribunal

President:

Yves DERAINS (French) - Appointed by Co-Arbitrators
Arbitrators:

Michael J. A. LEE (British) - Appointed by the Claimant(s)
Rudolf DOLZER (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Baker Botts, London, U.K.
Peter Griffin, London, U.K.
Respondent(s):

Abdel Raouf Law Firm, Cairo, Egypt
Freshfields Bruckhaus Deringer, Paris, France
Hafez, Cairo, Egypt
Kosheri, Rashed & Riad, Cairo, Egypt
The Egyptian State Lawsuits Authority, Cairo, Egypt
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 3, 2008 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 10, 2008 (Claimant(s))
Date of Constitution of ad hoc Committee:

December 22, 2008

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

President:

Stephen M. SCHWEBEL (U.S.)
Members:

Bola A. AJIBOLA (Nigerian)
Campbell Alan MC LACHLAN (New Zealand)

Party Representatives

Claimant(s):

Baker Botts, London, U.K., and Washington, D.C., U.S.A.
Slaney Advisor, London, U.K.
Respondent(s):

Freshfields Bruckhaus Deringer, Paris, France
Hafez, Cairo, Egypt
The Egyptian State Lawsuits Authority, Cairo, Egypt
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 14, 2010 - The ad hoc Committee issues a decision on the application for annulment.

(a) Original Proceeding

Published Decisions

Award

Decision of the Tribunal on Objections to Jurisdiction (attached to the Award)

Available on the ICSID Website

Award (July 3, 2008) English (Original)

Decision of the Tribunal on Objections to Jurisdiction (attached to the Award) (October 17, 2006) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision of the ad hoc Committee

Available on the ICSID Website

Decision of the ad hoc Committee (June 14, 2010) English (Original)

(a) Original Proceeding

Date	Development
October 5, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
February 10, 2006	The Tribunal is constituted. Its members are: Yves Derains (French), President; Rudolf Dolzer (German); and Michael J.A. Lee (British).
April 14, 2006	The Tribunal holds its first session in Paris.
May 17, 2006	The Tribunal issues a decision on provisional measures.
May 31, 2006	The Respondent files a memorial on jurisdiction.
June 23, 2006	The Tribunal issues a procedural order concerning the production of documents.
July 14, 2006	The Claimant files a counter-memorial on jurisdiction.
August 17, 2006	The Tribunal holds a hearing on jurisdiction in Paris.
October 17, 2006	The Tribunal issues a decision on jurisdiction.
January 9, 2007	The Tribunal issues a procedural order concerning the production of documents.
January 31, 2007	The Claimant files a memorial on the merits.
June 11, 2007	The Respondent files a further objection to jurisdiction and a counter-memorial on the merits.
June 21, 2007	The Claimant files observations on the Respondent's further objection to jurisdiction.
June 28, 2007	The Tribunal joins the Respondent's further objection to jurisdiction to the merits and fixes a calendar for the filing of written pleadings on jurisdiction and the merits.
October 3, 2007	The Claimant files a request for production of documents.
October 5, 2007	The Tribunal issues a decision on the production of documents.
October 8, 2007 - October 12, 2007	The Tribunal holds a hearing on the merits in Paris.
November 29, 2007	The parties file post-hearing briefs.
December 3, 2007	The parties file submissions on costs.
December 14, 2007 - December 15, 2007	The parties file further submissions on costs.
December 15, 2007	The Respondent files observations on the Claimant’s further submission on costs.
May 16, 2008	The Tribunal declares the proceeding closed.
July 3, 2008	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 10, 2008	The Acting Secretary-General registers an application for the institution of annulment proceedings.
December 22, 2008	The ad hoc Committee is constituted. Its members are: Stephen M. Schwebel (U.S.), President; Bola Ajibola (Nigerian); and Campbell McLachlan (New Zealand).
February 6, 2009	The ad hoc Committee holds a first session in Washington, D.C.
April 22, 2009	Helnan International Hotels A/S files a memorial on annulment.
June 19, 2009	The Arab Republic of Egypt files a counter-memorial on annulment.
July 22, 2009	Helnan International Hotels A/S files a reply on annulment.
October 19, 2009	The ad hoc Committee holds a hearing on annulment at the Hague.
June 14, 2010	The ad hoc Committee issues a decision on the application for annulment.