Case Details

Bawabet Al Kuwait Holding Company v. Arab Republic of Egypt (ICSID Case No. ARB/11/6)

Subject of Dispute:

Chemical products enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Egypt, Arab Republic of - Kuwait 2001
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Bawabet Al Kuwait Holding Company (Kuwaiti)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

March 18, 2011
Date of Constitution of Tribunal:

October 24, 2011

Composition of Tribunal

President:

Teresa CHENG (Chinese) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Clifford Chance, London, U.K.
Zulficar & Partners, Cairo, Egypt
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 11, 2016 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
March 18, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
June 17, 2011	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
June 22, 2011	Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator.
October 22, 2011	Following appointment by the Chairman of the Administrative Council, Teresa Cheng (Chinese) accepts her appointment as presiding arbitrator.
October 24, 2011	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Teresa Cheng (Chinese), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Bernard Hanotiau (Belgian), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent.
January 24, 2012	The Tribunal holds a first session by telephone conference.
January 31, 2012	The Claimant files a memorial on the merits.
May 25, 2012	The Respondent files a memorial on jurisdiction and a request to address the objections to jurisdiction as a preliminary matter.
June 25, 2012	The Claimant files a counter-memorial on jurisdiction and observations on the request to address the objections to jurisdiction as a preliminary matter.
August 17, 2012	The Respondent files a reply on jurisdiction and a response to the Claimant's observations of June 25, 2012.
September 4, 2012	The Claimant files further observations on the request to address the objections to jurisdiction as a preliminary matter.
September 7, 2012	The Respondent files a response to the Claimant's observations of September 4, 2012.
September 10, 2012	The Tribunal issues a decision 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.
November 26, 2012 - November 27, 2012	The Tribunal holds a hearing on jurisdiction in London.
May 2, 2013	The Tribunal issues a decision on jurisdiction.
July 5, 2013	The Tribunal issues Procedural Order No. 1 concerning the procedural calendar.
October 3, 2013	The Claimant files a supplement to its memorial on the merits.
November 4, 2013	The Respondent files a request for the Tribunal to decide on production of documents.
November 29, 2013	The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 26, 2014	The Respondent files a counter-memorial on the merits.
May 15, 2014	The proceeding is suspended until June 16, 2014, pursuant to the parties’ agreement.
June 19, 2014	The suspension of the proceeding is extended until July 19, 2014, pursuant to the parties’ agreement.
July 16, 2014	The suspension of the proceeding is further extended until August 19, 2014, pursuant to the parties’ agreement.
August 18, 2014	The suspension of the proceeding is further extended until September 19, 2014, pursuant to the parties' agreement.
November 3, 2014	The Claimant files a reply on the merits.
November 3, 2015	The Respondent files a rejoinder on the merits.
February 1, 2016	The proceeding is suspended until May 31, 2016, pursuant to the parties’ agreement.
June 1, 2016	The suspension of the proceeding is extended until September 30, 2016, pursuant to the parties’ agreement.
September 29, 2016	The suspension of the proceeding is further extended until October 31, 2016, pursuant to the parties’ agreement.
November 11, 2016	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).