Case Details

Ampal-American Israel Corporation and others v. Arab Republic of Egypt (ICSID Case No. ARB/12/11)

Proceeding Materials Procedural Details

  • Natural gas export
  • Oil, Gas & Mining
  • BIT Egypt, Arab Republic of - United States of America 1986, BIT Egypt, Arab Republic of - Germany 2005
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Ampal-American Israel Corporation (U.S.), EGI Series Investors LLC (U.S.), EGI-Fund (08-10) Investors (U.S.), BSS-EMG Investors LLC (U.S.)
    • Arab Republic of Egypt (Egyptian)
    • May 23, 2012
    • October 15, 2012

      Initial Composition of Tribunal

    • L. Yves FORTIER (Canadian) - Appointed by Co-Arbitrators
    • Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
      Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Respondent(s)
    • October 25, 2018: Jonathan MANCE (British) appointed following the passing away of Francisco ORREGO VICUÑA (Chilean)

      Party Representatives

    • Freshfields Bruckhaus Deringer, Paris, France
    • Egyptian State Lawsuits Authority, Cairo, Egypt
      Shearman & Sterling, Paris, France
    • English
    • Concluded
    • May 28, 2020 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction (English;)

Decision on Liability and Heads of Loss (English;)

(a) Original Proceeding

Date Development
May 23, 2012 The Secretary-General registers a request for the institution of arbitration proceedings.
September 4, 2012 Following appointment by the Claimants, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator.
September 4, 2012 Following appointment by the Respondent, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator.
October 12, 2012 Following appointment by the co-arbitrators, Yves Fortier (Canadian) accepts his appointment as presiding arbitrator.
October 15, 2012 The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Yves Fortier (Canadian), President, appointed by his co-arbitrators; Francisco Orrego Vicuña (Chilean), appointed by the Claimants; and Campbell McLachlan (New Zealand), appointed by the Respondent.
November 29, 2012 The Tribunal holds a first session by telephone conference.
December 20, 2012 The Tribunal issues Procedural Order No. 1.
March 1, 2013 The Claimants file a memorial on the merits.
April 1, 2013 The Respondent files a request to address the objections to jurisdiction as a preliminary question and a request to suspend the proceeding.
April 15, 2013 The Claimants file observations on the Respondent's requests of April 1, 2013.
April 29, 2013 The Tribunal issues Procedural Order No. 2 concerning the Respondent's requests of April 1, 2013.
June 11, 2013 The Tribunal issues Procedural Order No. 3 concerning procedural matters.
September 28, 2013 The Respondent files objections to jurisdiction and a counter-memorial on the merits.
January 9, 2014 The Tribunal issues Procedural Order No. 4 concerning production of documents.
February 24, 2014 The Claimants file a request for the Tribunal to decide on redaction of documents and privilege.
February 26, 2014 The Claimants file a request for the Tribunal to decide on the confidentiality of documents.
February 27, 2014 The Respondent files observations on the Claimants' requests of February 24, 2014 and February 26, 2014.
March 3, 2014 The Claimants file a response to the Respondent's observations of February 27, 2014.
March 10, 2014 The Respondent files further observation on the Claimants' request of February 24, 2014.
March 12, 2014 The Claimants file a response to the Respondent's observations of March 10, 2014.
March 14, 2014 The Respondent files a reply to the Claimants' response of March 12, 2014.
March 20, 2014 The Tribunal issues a decision on confidentiality, redaction and privilege.
April 14, 2014 The Claimants file a reply on jurisdiction and the merits.
July 17, 2014 The Respondent files a rejoinder on jurisdiction and the merits.
October 1, 2014 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 27, 2014 - November 6, 2014 The Tribunal holds a hearing on jurisdiction and the merits in Paris.
February 13, 2015 Each party files a post-hearing brief.
September 14, 2015

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
October 5, 2015 The Tribunal issues Procedural Order No. 5 concerning the admissibility of new evidence.
October 9, 2015 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
October 16, 2015 The Claimant files observations on the Respondent’s request of October 9, 2015.
October 19, 2015 The Respondent files a response to the Claimant's observations on October 16, 2015.
October 29, 2015 The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence.
February 1, 2016 The Tribunal issues a decision on jurisdiction.
March 21, 2016 The Tribunal issues Procedural Order No. 7 concerning the admissibility of new exhibits into the record.
July 13, 2016 The Tribunal issues Procedural Order No. 8 concerning procedural matters.
February 21, 2017 The Tribunal issues a decision on liability and heads of loss.
February 23, 2017 The Tribunal issues a Procedural Order No. 9 concerning quantum experts.
October 2, 2018

Following the passing away of arbitrator Francisco Orrego Vicuña (Chilean), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
October 25, 2018

Following the passing away of arbitrator Francisco Orrego-Vicuña, Jonathan Mance (British) appointed by the Claimants, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1).
October 25, 2018

The Tribunal is reconstituted. Its members are: Yves Fortier (Canadian), President, appointed by his co-arbitrators; Jonathan Mance (British), appointed by the Claimants; and Campbell McLachlan (New Zealand), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.

October 2, 2019

The Acting Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
October 14, 2019

The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
November 22, 2019

The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
May 12, 2020

The proceeding is resumed following payment of the required advances.
May 28, 2020

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