Case Details

Malicorp Limited v. Arab Republic of Egypt (ICSID Case No. ARB/08/18)

Subject of Dispute:

Airport construction project
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Egypt, Arab Republic of - United Kingdom of Great Britain and Northern Ireland 1975
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Malicorp Limited (British)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

December 16, 2008
Date of Constitution of Tribunal:

June 2, 2009

Composition of Tribunal

President:

Pierre TERCIER (Swiss) - Appointed by the Parties
Arbitrators:

Luiz Olavo BAPTISTA (Brazilian) - Appointed by the Claimant(s)
Pierre-Yves TSCHANZ (Irish, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):
Respondent(s):
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 7, 2011 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

June 13, 2011 (Claimant(s))
Date of Constitution of ad hoc Committee:

July 8, 2011

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

President:

Andrés RIGO SUREDA (Spanish)
Members:

Stanimir A. ALEXANDROV (Bulgarian)
Eduardo SILVA ROMERO (Colombian, French)

Party Representatives

Claimant(s):

Brémond, Vaïsse, Rambert & Associés, Paris, France
Respondent(s):

Dr. Prof. Ahmed El-Kosheri, Cairo, Egypt
The Egyptian State Lawsuits Authority, Cairo, Egypt
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 3, 2013 - The ad hoc Committee issues its decision on the application for annulment.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (February 7, 2011) English (Original); French (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (July 3, 2013) English (Original); French (Original)

(a) Original Proceeding

Date	Development
December 16, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 2, 2009	The Tribunal is constituted. Its members are: Pierre Tercier (Swiss), President; Luiz Olavo Baptista (Brazilian); and Pierre-Yves Tschanz (Swiss/Irish).
July 1, 2009	The Respondent files objections to jurisdiction.
July 23, 2009	The Claimant files a counter-memorial on jurisdiction.
July 31, 2009	The Tribunal holds a first session in Paris.
October 23, 2009	The Claimant files a counter-memorial on jurisdiction and a memorial on the merits.
January 8, 2010	The Respondent files a reply on jurisdiction and a counter-memorial on the merits.
February 5, 2010	The Claimant files a rejoinder on jurisdiction and a reply on the merits.
March 5, 2010	The Respondent files a rejoinder on the merits.
March 29, 2010	The Tribunal holds a pre-hearing conference with the parties.
April 19, 2010 - April 20, 2010	The Tribunal holds a hearing on jurisdiction and liability in Paris.
September 24, 2010	The parties file statements of costs.
February 7, 2011	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
June 13, 2011	The Secretary-General registers an application for the institution of annulment proceedings.
July 8, 2011	The ad hoc Committee is constituted. Its members are: Andrés Rigo Sureda (Spanish), President; Stanimir A. Alexandrov (Bulgarian); and Eduardo Silva Romero (Colombian/French).
December 5, 2011	The ad hoc Committee holds a first session in Paris.
March 5, 2012	Malicorp Limited files a memorial on annulment.
June 4, 2012	The Arab Republic of Egypt files a counter-memorial on annulment.
August 1, 2012	Malicorp Limited files a reply on annulment.
October 3, 2012	The Arab Republic of Egypt files a rejoinder on annulment.
November 6, 2012	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
December 6, 2012 - December 7, 2012	The ad hoc Committee holds a hearing on annulment in Paris.
March 19, 2013	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
July 3, 2013	The ad hoc Committee issues its decision on the application for annulment.