Case Details

Hussain Sajwani, Damac Park Avenue for Real Estate Development S.A.E., and Damac Gamsha Bay for Development S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/16)

Subject of Dispute:

Property development projects
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Egypt, Arab Republic of - United Arab Emirates 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Damac Gamsha Bay for Development S.A.E. (Egyptian), Damac Park Avenue for Real Estate Development S.A.E. (Egyptian), Hussain Sajwani (Emiri)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

June 20, 2011
Date of Constitution of Tribunal:

January 9, 2012

Composition of Tribunal

President:

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

Daniel M. PRICE (U.S.) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Clifford Chance, London, UK and Dubai, United Arab Emirates
Respondent(s):

Egyptian State Lawsuits Authority
Shearman & Sterling, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 10, 2014 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

No References Available.

(a) Original Proceeding

Date	Development
June 20, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
September 1, 2011	Following appointment by the Claimants, Daniel M. Price (U.S.) accepts his appointment as arbitrator.
September 26, 2011	Following appointment by the Respondent, Toby T. Landau (British) accepts his appointment as arbitrator.
January 9, 2012	Following appointment by the parties, Pierre Tercier (Swiss) accepts his appointment as presiding arbitrator.
January 9, 2012	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Pierre Tercier (Swiss), President, appointed by agreement of the Parties; Daniel M. Price (U.S.), appointed by the Claimants; and Toby T. Landau (British), appointed by the Respondent.
March 9, 2012	The Claimants file a request for provisional measures.
April 3, 2012	The Tribunal holds a first session by telephone conference.
April 16, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
April 23, 2012	The Respondent files observations on the Claimants' request for provisional measures.
May 3, 2012	The Claimants file a response to the Respondent's observations of April 23, 2012.
May 14, 2012	The Respondent files further observations on the Claimants’ response of May 3, 2012.
May 23, 2012	The Tribunal holds a hearing on provisional measures in Paris.
May 30, 2012	The Claimants file a request to amend the procedural calendar and noting a change of counsel.
June 9, 2012	The Respondent files observations on the Claimants' request to amend the procedural calendar.
June 21, 2012	The parties jointly file further observations on the procedural calendar.
June 22, 2012	Following the parties' agreement, the procedural calendar is amended.
July 13, 2012	The Tribunal issues a decision on provisional measures.
October 22, 2012	The Claimants file a memorial on jurisdiction and the merits.
November 25, 2012	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
November 30, 2012	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
December 10, 2012	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
December 24, 2012	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
September 17, 2013	The proceeding is suspended until September 24, 2013.
January 10, 2014	The Respondent files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
January 13, 2014	The Tribunal invites the Claimants to state whether they oppose the Respondent’s request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
January 27, 2014	The Claimants inform the Centre that they object to the Respondent’s request for the discontinuance of the proceeding.
February 7, 2014	The Respondent files observations on the Claimants' objection to the request for the discontinuance of the proceeding.
May 6, 2014	The suspension of the proceeding is extended until June 9, 2014.
June 10, 2014	The suspension of the proceeding is further extended until June 30, 2014.
July 7, 2014	The Claimants file a request for the Tribunal to embody the parties' settlement in an award, pursuant to ICSID Arbitration Rule 43(2).
July 9, 2014	The Respondent files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43 (1).
July 14, 2014	The Tribunal invites the Claimants to file observations on the Respondent’s request for the discontinuance of the proceeding by July 17, 2014.
August 7, 2014	The Tribunal invites the parties to file observations on costs.
August 10, 2014	The Respondent files a statement of costs.
August 13, 2014	The Claimants file a statement of costs.
September 10, 2014	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.