Case Details

Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/13/38)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Jordan - Kuwait 2001
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. (Kuwaiti), Fouad Mohammed Thunyan Alghanim (Kuwaiti)
Respondent(s):

Hashemite Kingdom of Jordan (Jordanian)
Date Registered:

December 24, 2013
Date of Constitution of Tribunal:

June 27, 2014

Composition of Tribunal

President:

Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Parties
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

International Business Legal Associates, Jordan
Mayer Brown International, London, U.K.
Mayer Brown International, Paris, France
Respondent(s):

Bakr & Odeh, Amman, Jordan
Sam Wordsworth, Lucas Bastin and Andrew Legg, Essex Court Chambers, London, U.K.
Sean Aughey, 11KBW, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 14, 2017 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

May 1, 2018 (Claimant(s))
Date of Constitution of ad hoc Committee:

July 18, 2018

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

President:

Christopher GREENWOOD (British)
Members:

Trevor A. CARMICHAEL (Barbadian)
Michael D. NOLAN (U.S.)

Party Representatives

Claimant(s):

Mayer Brown International, London, U.K. and Paris, France
Salaheddin M. Al-Bashir
Tarek Elzayat
Toby Landau, Essex Court Chambers, London, U.K.
Respondent(s):

Bakr & Odeh, Amman, Jordan
Sam Wordsworth, Lucas Bastin and Andrew Legg, Essex Court Chambers, London, U.K.
Sean Aughey, 11KBW, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 20, 2020 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2 and dissent of Professor Kohen

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (October 16, 2014) English (Original)

Procedural Order No. 2 and dissent of Professor Kohen (November 24, 2014) English (Original)

Procedural Order No. 3 (September 1, 2015) English (Original)

Procedural Order No. 4 (December 17, 2015) English (Original)

Procedural Order No. 5 (March 3, 2016) English (Original)

Procedural Order No. 6 (March 21, 2016) English (Original)

Procedural Order No. 7 (March 22, 2016) English (Original)

Procedural Order No. 8 (April 1, 2016) English (Original)

Procedural Order No. 9 (April 7, 2016) English (Original)

Procedural Order No. 10 (April 12, 2016) English (Original)

Award of the Tribunal (December 14, 2017) English (Original)

(a) Original Proceeding

Date	Development
December 24, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
March 21, 2014	Following appointment by the Claimants, L. Yves Fortier (Canadian) accepts his appointment as arbitrator.
March 25, 2014	Following appointment by the Respondent, Marcelo G. Kohen (Argentine) accepts his appointment as arbitrator.
June 27, 2014	Following appointment by the parties, Campbell McLachlan (New Zealander) accepts his appointment as presiding arbitrator.
June 27, 2014	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Campbell McLachlan (New Zealand), President, appointed by agreement of the parties; L. Yves Fortier (Canadian), appointed by the Claimants; and Marcelo G. Kohen (Argentine), appointed by the Respondent.
September 15, 2014	The Claimants file a request for provisional measures.
September 28, 2014	The Respondent files observations on the Claimants’ request for provisional measures.
October 2, 2014	The Tribunal holds a first session and a hearing on provisional measures in Paris.
October 16, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 24, 2014	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
January 21, 2015	The Claimants file a memorial on the merits.
June 22, 2015	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
September 1, 2015	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 11, 2015	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
December 17, 2015	The Tribunal issues Procedural Order No. 4 concerning production of documents from third parties.
February 15, 2016	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
February 29, 2016	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
March 2, 2016	The Respondent files observations on the Claimants’ request of February 29, 2016.
March 2, 2016	The Claimants file a response to the Respondent’s observations of March 2, 2016.
March 3, 2016	The Respondent files a rejoinder on the Claimants’ response of March 2, 2016. The Tribunal issues Procedural Order No. 5 concerning procedural matters.
March 7, 2016	The Claimants file a request for additional rebuttal evidence.
March 14, 2016	The Respondent files observations on the Claimants’ request of March 7, 2016.
March 21, 2016	The Tribunal issues Procedural Order No. 6 concerning the Claimants’ application to file additional rebuttal evidence.
March 22, 2016	The Tribunal issues Procedural Order No. 7 concerning production of documents.
March 30, 2016	The Claimants file a rejoinder on jurisdiction.
April 1, 2016	The Tribunal issues Procedural Order No. 8 concerning the Respondent’s application for production of documents.
April 5, 2016	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
April 7, 2016	The Tribunal issues Procedural Order No. 9 concerning document production.
April 12, 2016	The Tribunal issues Procedural Order No. 10 concerning the Respondent’s application to exclude documents.
April 25, 2016 - April 29, 2016	The Tribunal holds a hearing on jurisdiction and the merits in London.
June 22, 2016	The Tribunal holds a hearing on closing arguments with regard to jurisdiction and the merits in London.
August 4, 2016	Each party files a submission on costs.
September 8, 2016	Each party files observations on the other party’s submission on costs.
September 19, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 14, 2017	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
May 1, 2018	The Secretary-General registers an application for annulment of the award filed by Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim and notifies the parties of the provisional stay of enforcement of the award.
July 18, 2018	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Christopher Greenwood (British), President; Trevor A. Carmichael (Barbadian), and Michael Nolan (U.S.); all members appointed by the Chairman of the Administrative Council.
August 20, 2018	Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim file a request to continue the stay of enforcement of the award.
August 21, 2018	The ad hoc Committee holds a first session by telephone conference.
August 22, 2018	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
September 3, 2018	Hashemite Kingdom of Jordan files observations on the Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim’s request to continue the stay of enforcement of the award.
September 18, 2018	Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim file a reply to the request to continue the stay of enforcement of the award.
September 24, 2018	The ad hoc Committee issues Procedural Order No. 2 concerning Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim’s application to raise additional ground for annulment.
October 3, 2018	Hashemite Kingdom of Jordan files a rejoinder to the Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim’s request to continue the stay of enforcement of the award.
October 15, 2018	The ad hoc Committee issues Procedural Order No. 3 concerning the continuation of the stay of enforcement of the award.
December 28, 2018	Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim file a memorial on the annulment.
May 7, 2019	Hashemite Kingdom of Jordan files a counter-memorial on the annulment.
July 19, 2019	Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim file a reply on the annulment.
October 1, 2019	Hashemite Kingdom of Jordan files a rejoinder on the annulment.
October 25, 2019	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 28, 2019	The Tribunal issues Procedural Order No. 4 concerning organization of the hearing.
November 18, 2019 - November 19, 2019	The ad hoc Committee holds a hearing on annulment in London.
December 5, 2019	Each party files a submission on costs.
December 19, 2019	Each party files observations on the other party’s submission on costs.
April 6, 2020	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
April 20, 2020	The ad hoc Committee issues its decision on annulment.