Case Details
Unión Fenosa Gas, S.A. v. Arab Republic of Egypt (ICSID Case No. ARB/14/4)
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Natural gas liquefaction operations
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Oil, Gas & Mining
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BIT Egypt, Arab Republic of - Spain 1992
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ICSID Convention - Arbitration Rules
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Unión Fenosa Gas, S.A. (Spanish)
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Arab Republic of Egypt (Egyptian)
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February 27, 2014
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December 8, 2014
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V.V. VEEDER (British) - Appointed by the Parties
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J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Mark A. CLODFELTER (U.S.) - Appointed by the Respondent(s) -
King & Spalding, Houston, TX and New York, NY, U.S.A., and Paris, France
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Cleary Gottlieb Steen & Hamilton, Paris, France
The Egyptian State Lawsuits Authority, Cairo, Egypt -
English
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Concluded
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August 31, 2018 - The Tribunal renders its award; attached is a dissenting opinion by Mark Clodfelter.
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Respondent(s)
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January 8, 2019 (Respondent(s))
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April 22, 2019
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Andrés JANA LINETZKY (Chilean)
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King & Spalding, Houston, TX, Atlanta, GA, and New York, NY, U.S.A., and Paris, France
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Cleary Gottlieb Steen & Hamilton, Paris, France
The Egyptian State Lawsuits Authority, Cairo, Egypt -
English
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Concluded
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March 12, 2021 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Date | Development |
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February 27, 2014 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 3, 2014 | Following appointment by the Claimant, J. William Rowley (Canadian/British) accepts his appointment as arbitrator. |
June 4, 2014 | Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator. |
November 3, 2014 | J. Christopher Thomas withdraws his acceptance of the appointment as arbitrator. |
November 13, 2014 | Following appointment by the Respondent, Mark Alan Clodfelter (U.S.) accepts his appointment as arbitrator. |
December 7, 2014 | Following appointment by the parties, V.V. Veeder (British) accepts his appointment as presiding arbitrator. |
December 8, 2014 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: V.V. Veeder, (British), President, appointed by agreement of the parties; J. William Rowley (Canadian/British), appointed by the Claimant; and Mark Clodfelter (U.S.), appointed by the Respondent. |
February 25, 2015 | The Tribunal holds a first session by telephone conference. |
August 3, 2015 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
August 7, 2015 | The Claimant files a memorial on the merits. |
September 28, 2015 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
November 25, 2015 | The Respondent files a memorial on objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question. |
December 22, 2015 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
January 18, 2016 | The Respondent files a response to the Claimant’s observations of December 22, 2015. |
February 5, 2016 | The Claimant files further observations on the Respondent’s response of January 18, 2016. |
March 4, 2016 | The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute. |
April 8, 2016 | The Tribunal issues Procedural Order No. 6 concerning the procedural calendar. |
June 13, 2016 | The Claimant files a counter-memorial on jurisdiction. The Respondent files a counter-memorial on the merits. |
August 22, 2016 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
October 7, 2016 | The Respondent files a reply on jurisdiction. The Claimant files a reply on the merits. |
November 7, 2016 | The Claimants file a request for the Tribunal to decide on production of documents. |
November 8, 2016 | The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents of November 7, 2016. The Respondent files a request for the Tribunal to decide on production of documents. |
November 15, 2016 | The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents of November 8, 2016. |
December 12, 2016 | The Tribunal issues Procedural Order No. 8 concerning production of documents and procedural matters. |
January 16, 2017 | The Respondent files a rejoinder on the merits. The Claimant files a rejoinder on jurisdiction. |
January 31, 2017 | The Tribunal issues Procedural Order No. 9 concerning procedural matters. |
February 6, 2017 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. The Tribunal issues a procedural order concerning procedural matters. |
March 1, 2017 | The Tribunal issues a procedural order concerning procedural matters. |
March 2, 2017 | The Tribunal issues a procedural order concerning procedural matters. |
March 6, 2017 - March 11, 2017 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
May 17, 2017 | Each party files a submission on costs. |
December 12, 2017 | The Tribunal issues a procedural order concerning procedural matters. |
January 9, 2018 | The Tribunal issues a procedural order concerning procedural matters. |
July 11, 2018 | The Tribunal issues Procedural Order No. 17 concerning procedural matters. |
July 11, 2018 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
August 31, 2018 | The Tribunal renders its award; attached is a dissenting opinion by Mark Clodfelter. |
(b) Annulment Proceeding
Date | Development |
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January 8, 2019 | The Secretary-General registers an application for annulment of the award filed by the Arab Republic of Egypt and notifies the parties of the provisional stay of enforcement of the award. |
April 22, 2019 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Jana Linetzky (Chilean), President; Bernardo Sepúlveda Amor (Mexican); and Inka Hanefeld (German); all members appointed by the Chairman of the Administrative Council. |
April 24, 2019 | The Arab Republic of Egypt files a request to continue the stay of enforcement of the award. |
May 20, 2019 | The Arab Republic of Egypt files observations on its request to continue the stay of enforcement of the award. |
June 3, 2019 | Unión Fenosa Gas, S.A. files observations on the Arab Republic of Egypt’s request to continue the stay of enforcement of the award. |
June 17, 2019 | The Arab Republic of Egypt files a response to Unión Fenosa Gas, S.A.’s observations of June 3, 2019. |
July 5, 2019 | Unión Fenosa Gas, S.A. files a rejoinder on the request to continue the stay of enforcement of the award. |
July 22, 2019 | The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Paris. |
July 26, 2019 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
October 18, 2019 | The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award. |
October 21, 2019 | The Arab Republic of Egypt files a memorial on annulment. |
December 6, 2019 | The ad hoc Committee issues Procedural Order No. 2 concerning continuation of the stay of enforcement matters. |
January 24, 2020 | The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award. |
February 3, 2020 | Unión Fenosa Gas, S.A. files a counter-memorial on annulment. |
April 13, 2020 | The Arab Republic of Egypt files a reply on annulment. |
June 12, 2020 | Unión Fenosa Gas S.A. files a rejoinder on annulment. |
June 24, 2020 | The ad hoc Committee holds a case-management meeting by video conference. |
July 3, 2020 | The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters. |
July 13, 2020 | The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference. |
August 18, 2020 - August 20, 2020 | The ad hoc Committee holds a hearing on annulment by video conference. |
October 23, 2020 | Each pary files a submission on costs. |
March 12, 2021 | The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |