Case Details

Orascom TMT Investments S.à r.l. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/12/35)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Belgium-Luxembourg - Algeria 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Orascom TMT Investments S.à r.l. (Luxembourg), Weather Investments II S.à r.l. (Luxembourg)
Respondent(s):

People's Democratic Republic of Algeria (Algerian)
Date Registered:

November 15, 2012
Date of Constitution of Tribunal:

March 28, 2013

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Brigitte STERN (French) - Appointed by the Respondent(s)
Albert Jan VAN DEN BERG (Dutch) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

White & Case, Washington, D.C., U.S.A.
Respondent(s):

Shearman & Sterling, Paris, France
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 31, 2017 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

October 2, 2017
Date of Constitution of ad hoc Committee:

October 26, 2017

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

President:

Peter TOMKA (Slovak)
Members:

Bertha COOPER-ROUSSEAU (Bahamian)
Klaus SACHS (German)

Party Representatives

Claimant(s):

White & Case, Washington, D.C., U.S.A.
Respondent(s):

Shearman & Sterling, Paris, France
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 17, 2020 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (May 31, 2017)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (September 17, 2020) English (Original); French (Original)

(a) Original Proceeding

Date	Development
November 15, 2012	The Secretary-General registers a request for the institution of arbitral proceedings.
January 24, 2013	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
January 25, 2013	Following appointment by the Claimant, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
March 28, 2013	Following appointment by the parties upon the co-arbitrators' proposal, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
March 28, 2013	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties from a list of candidates proposed by the co-arbitrators; Albert Jan van den Berg (Dutch), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
May 16, 2013	The Tribunal holds a first session in Geneva.
September 9, 2013	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 20, 2013	The Claimant files a memorial on the merits.
January 24, 2014	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
February 21, 2014	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
March 26, 2014	The Tribunal holds a hearing on the Respondent's request to address the objections to jurisdiction as a preliminary question by telephone conference.
April 10, 2014	The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question, as a result, the proceeding on the merits is suspended.
June 20, 2014	The Respondent files a memorial on preliminary objections.
August 25, 2014	The Tribunal issues a procedural order concerning procedural matters.
September 19, 2014	The Claimant files a counter-memorial on preliminary objections.
October 2, 2014	The Tribunal issues a procedural order concerning procedural matters.
October 24, 2014	Each party files a request for the Tribunal to decide on production of documents.
November 14, 2014	Each party files observations on the other party’s request for the Tribunal to decide on production of documents.
November 28, 2014	Each party files a response to the other party’s observations of November 14, 2014.
December 12, 2014	The Tribunal issues a procedural order concerning production of documents. The Tribunal issues a procedural order concerning the confidentiality of documents. The Tribunal issues a procedural order concerning procedural matters.
December 23, 2014	The parties designate a confidentiality advisor.
January 19, 2015	The Respondent files observations on the status of the production of documents.
January 21, 2015	The Respondent files a request for the Tribunal to decide on the redaction of certain documents produced by the Claimant.
January 26, 2015	The Claimant files observations on the Respondent’s request of January 21, 2015.
January 30, 2015	The Claimant files a request for the Tribunal to decide on the redaction of documents produced by the Respondent, and a further request to join the objections to jurisdiction to the merits.
February 3, 2015	The Tribunal decides on the Respondent’s request of January 21, 2015.
February 6, 2015	The Respondent files a reply on preliminary objections.
February 9, 2015	The Respondent files observations further to the Tribunal’s decision concerning the redaction of documents produced by the Claimant.
February 11, 2015	The Tribunal decides on the Claimant’s further request to join the objections to jurisdiction to the merits, as a result, the proceeding on the merits remains suspended.
February 16, 2015	The Claimant files a response to the Respondent’s observations of February 9, 2015.
February 23, 2015	The Respondent files a reply to the Claimant’s response of February 9, 2015.
February 25, 2015	The Claimant files a rejoinder to the Respondent’s reply of February 23, 2015.
March 9, 2015	The Claimant renews its request of January 30, 2015 for the Tribunal to decide on redaction of documents produced by the Respondent.
March 12, 2015	The Respondent files observations on the Claimant’s renewed request of March 9, 2015.
March 16, 2015	The Tribunal decides on the Claimant’s renewed request of March 9, 2015. The Respondent supplements its request of January 21, 2015.
March 17, 2015	The Respondent files a request for the admissibility of new documents.
March 19, 2015	The confidentiality advisor issues its report.
March 23, 2015	The Claimant files observations on the Respondent’s request of March 17, 2015.
March 24, 2015	The Claimant files observations on the confidentiality advisor’s report of March 19, 2015.
March 25, 2015	The Tribunal decides on the Respondent’s request of March 17, 2015.
March 26, 2015	The Claimant files observations on its request of March 9, 2015.
March 27, 2015	The Tribunal decides on the redaction of certain documents.
March 31, 2015	The Respondent files a response to the Claimant’s observations of March 26, 2015.
April 3, 2015	The Tribunal issues Procedural No. 8 concerning the confidentiality of documents.
April 9, 2015	The Tribunal decides on the Respondent’s request of March 17, 2015.
April 10, 2015	As directed by the Tribunal, the Claimant produces further documents.
April 15, 2015	The confidentiality advisor issues a further report.
April 17, 2015	Each party files observations on the confidentiality advisor’s further report of April 15, 2015.
April 20, 2015	The Tribunal decides on the confidentiality of documents.
April 22, 2015	As directed by the Tribunal, the Claimant produces further documents.
April 24, 2015	The Respondent files a request for the admissibility of further documents. The Claimant files a rejoinder on preliminary objections.
April 28, 2015	The Claimant files observations on the Respondent’s request of April 24, 2015.
April 29, 2015	The Tribunal decides on the Respondent’s request of April 24, 2015.
May 1, 2015	As directed by the Tribunal, the Respondent produces further documents.
May 3, 2015	The Respondent files a request for the admissibility of a new document.
May 6, 2015	The Respondent files a request for the admissibility of further documents. The Claimant files observations on the Respondent’s request of May 3, 2015.
May 8, 2015	The Tribunal decides on the Respondent’s request of May 3, 2015.
May 8, 2015	The Claimant files a request for the admissibility of new documents.
May 10, 2015	The Tribunal decides on the Respondent’s request of May 6, 2015, and on the Claimant’s request of May 8, 2015.
May 11, 2015	As directed by the Tribunal, the Respondent produces further documents. The President holds a pre-hearing organizational meeting with the parties by telephone conference.
May 12, 2015	As directed by the Tribunal, the Claimant produces further documents.
May 15, 2015	The Respondent files a request for the admissibility of further documents. The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
May 16, 2015	The Respondent files a request for the admissibility of new documents.
May 18, 2015	The Claimant files observations on the Respondent’s request of May 15, 2015.
May 19, 2015	The Claimant files observations on the Respondent’s request of May 16, 2015. The Tribunal decides on the Respondent’s request of May 15, 2015.
May 20, 2015	The Tribunal decides on the Respondent’s request of May 16, 2015.
May 21, 2015	As directed by the Tribunal, the Respondent produces further documents.
May 26, 2015 - May 30, 2015	The Tribunal holds a hearing on preliminary objections in Paris.
June 15, 2015	As directed by the Tribunal, each party produces new documents.
September 30, 2015	Each party files a post-hearing brief.
November 18, 2015	Each party files a reply post-hearing brief.
December 4, 2015	Each party files a submission on costs.
December 18, 2015	Each party files observations on the other party’s submission on costs.
February 12, 2016	The Tribunal poses questions to the parties.
March 11, 2016	Each party files answers to the questions posed by the Tribunal on February 12, 2016.
April 21, 2016	Each party files observations on the other party’s answers of March 11, 2016.
April 28, 2016	Each party files a response to the other party’s observations of April 21, 2016.
May 31, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
October 2, 2017	The Secretary-General registers an application for partial annulment of the award filed by Orascom TMT Investments S.à r.l. and notifies the parties of the provisional stay of enforcement of the award.
October 26, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Peter Tomka (Slovak), President; Bertha Cooper-Rousseau (Bahamian); and Klaus Sachs (German); all members appointed by the Chairman of the Administrative Council.
November 10, 2017	Orascom TMT Investments S.à r.l. files a request to continue the stay of enforcement of the award.
November 24, 2017	The People's Democratic Republic of Algeria files observations on Orascom TMT Investments S.à r.l.’s request to continue the stay of enforcement of the award.
December 1, 2017	Orascom TMT Investments S.à r.l. files a response to the People's Democratic Republic of Algeria’s observations of November 24, 2017.
December 8, 2017	The People's Democratic Republic of Algeria files further observations on Orascom TMT Investments S.à r.l.’s response of December 1, 2017.
December 12, 2017	The ad hoc Committee holds a first session and a hearing on the continuation of the stay of enforcement of the award in Paris.
December 29, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
March 12, 2018	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
March 22, 2018	Orascom TMT Investments S.à r.l. files a request for the ad hoc Committee to decide on the admissibility of new evidence.
March 26, 2018	The People's Democratic Republic of Algeria files observations on Orascom TMT Investments S.à r.l.’s request of March 26, 2018.
March 27, 2018	The ad hoc Committee decides on the admissibility of evidence.
May 4, 2018	Orascom TMT Investments S.à r.l. files a request concerning the conditions for the continuation of the stay of the enforcement.
May 8, 2018	The People's Democratic Republic of Algeria files observations on Orascom TMT Investments S.à r.l.’s request of May 4, 2018.
May 9, 2018	The ad hoc Committee issues a decision concerning the conditions for the continuation of the stay of enforcement of the award.
June 15, 2018	The People’s Democratic Republic of Algeria files a counter-memorial on annulment.
October 12, 2018	Orascom TMT Investments S.à r.l. files a reply on annulment.
February 15, 2019	The People’s Democratic Republic of Algeria files a rejoinder on annulment.
May 2, 2019	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
May 4, 2019	The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
May 15, 2019	The People’s Democratic Republic of Algeria files a request for the ad hoc Committee to decide on the admissibility of new evidence.
May 20, 2019	Orascom TMT Investments S.à r.l. files observations on the People’s Democratic Republic of Algeria’s request of May 15, 2019 and files a request for the ad hoc Committee to decide on the admissibility of new evidence.
May 22, 2019	The People’s Democratic Republic of Algeria files observations on Orascom TMT Investments S.à r.l.’s request of May 20, 2019.
May 22, 2019	The ad hoc Committee decides on the admissibility of new evidence.
May 27, 2019 - May 28, 2019	The ad hoc Committee holds a hearing on annulment in Paris.
June 7, 2019	The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
July 5, 2019	Each party files a post-hearing brief.
July 17, 2019	Each party files a reply post-hearing brief.
August 6, 2019	Each party files a submission on costs.
August 20, 2019	Each party files observations on the other party’s submission on costs.
June 15, 2020	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
September 17, 2020	The ad hoc Committee issues its decision on annulment.