Case Details

H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15)

Subject of Dispute:

Resort management and operation
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Egypt, Arab Republic of - United States of America 1986
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

H&H Enterprises Investments, Inc. (U.S.)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

August 11, 2009
Date of Constitution of Tribunal:

February 2, 2010

Composition of Tribunal

President:

Bernardo M. CREMADES (Spanish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Hamid G. GHARAVI (French, Iranian) - Appointed by the Respondent(s)
Veijo HEISKANEN (Finnish) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C., U.S.A.
Shalakany Law Office, Cairo, Egypt
Weil, Gotshal & Manges, Washington, D.C., U.S.A.
Respondent(s):

Cleary Gottlieb Steen & Hamilton, Paris, France
The Egyptian State Lawsuits Authority, Cairo, Egypt
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 6, 2014 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

September 17, 2014 (Claimant(s))
Date of Constitution of ad hoc Committee:

October 23, 2014

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

President:

Stanimir A. ALEXANDROV (Bulgarian)
Members:

Cecil W.M. ABRAHAM (Malaysian)
Teresa CHENG (Chinese)

Party Representatives

Claimant(s):

Esquire International Legal Advisors, San Diego, CA, U.S.A.
Respondent(s):

The Egyptian State Lawsuits Authority, Cairo, Egypt
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 25, 2016 - The ad hoc Committee issues a procedural 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).

(a) Original Proceeding

Published Decisions

Excerpts of Award

Decision on Jurisdiction - English (Original) (June 5, 2012)

Available on the ICSID Website

Excerpts of Award (May 6, 2014) English (Original)

(a) Original Proceeding

Date	Development
August 11, 2009	The Secretary-General registers a request for the institution of arbitration proceedings.
October 30, 2009	Following appointment by the Respondent, Hamid G. Gharavi (Iranian/French) accepts his appointment as arbitrator.
November 2, 2009	Following appointment by the Claimant, Veijo Heiskanen (Finnish) accepts his appointment as arbitrator.
December 23, 2009	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
February 2, 2010	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Bernardo M. Cremades (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Veijo Heiskanen (Finnish), appointed by the Claimant; and Hamid G. Gharavi (Iranian/French), appointed by the Respondent.
February 2, 2010	Following appointment by the Chairman of the Administrative Council, Bernardo M. Cremades (Spanish) accepts his appointment as presiding arbitrator.
March 18, 2010	The Tribunal holds a first session in Paris.
March 28, 2010	The Claimant files a request for production of documents.
June 17, 2010	The Tribunal issues a procedural order concerning production of documents.
October 15, 2010	The Claimant files a memorial on the merits.
November 8, 2010	The Respondent files a request for production of documents.
December 13, 2010	The Claimant files observations on the Respondent’s request for production of documents.
January 25, 2011	The Tribunal issues a procedural order concerning production of documents.
June 6, 2011	The Respondent files a memorial on jurisdiction.
September 9, 2011	The Claimant files a counter-memorial on jurisdiction.
November 15, 2011	The Tribunal holds a hearing on the question whether to address the objections to jurisdiction as a preliminary matter, in Washington, D.C.
November 22, 2011	The Tribunal issues a procedural order on the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
January 19, 2012	The Respondent files a reply on certain jurisdictional issues.
March 15, 2012	The Claimant files a rejoinder on certain jurisdictional issues.
March 23, 2012 - March 24, 2012	The Tribunal holds a hearing on certain jurisdictional issues in Washington, D.C.
June 5, 2012	The Tribunal issues a decision on certain jurisdictional issues.
August 29, 2012	The Tribunal decides on the procedural calendar.
May 16, 2013	The Respondent files a counter-memorial on the merits and a reply on remaining jurisdictional issues.
August 1, 2013	The Claimant files a reply on the merits and a rejoinder on remaining jurisdictional issues.
October 11, 2013	The Respondent files a rejoinder on the merits.
November 5, 2013 - November 8, 2013	The Tribunal holds a hearing on the merits and remaining jurisdictional issues in Washington, D.C.
March 12, 2014	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 6, 2014	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
September 17, 2014	The Secretary-General registers an application for annulment of the award filed by H&H Enterprises Investments, Inc., and notifies the parties of the provisional stay of enforcement of the award.
October 23, 2014	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Stanimir Alexandrov (Bulgarian), President; Cecil Abraham (Malaysian) and Teresa Cheng (Chinese); all members appointed by the Chairman of the Administrative Council.
December 15, 2014	The ad hoc Committee holds a first session by telephone conference.
December 18, 2014	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
April 15, 2015	The Applicant files a memorial on annulment.
May 20, 2015	The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e). The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
April 25, 2016	The ad hoc Committee issues a procedural 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).