Case Details
Abed El Jaouni v. Lebanese Republic (ICSID Case No. ARB/15/3)
-
Air transportation services
-
Transportation
-
BIT Lebanon - Germany 1997
-
ICSID Convention - Arbitration Rules
-
Abed El Jaouni (German)
-
Lebanese Republic (Lebanese)
-
January 16, 2015
-
August 5, 2015
-
Albert Jan VAN DEN BERG (Dutch) - Appointed by Co-Arbitrators
-
J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Rodrigo OREAMUNO (Costa Rican) - Appointed by Other -
Alem & Associates, Beirut, Lebanon
Quinn Emanuel Urquhart & Sullivan, London, U.K. and Los Angeles, CA, U.S.A. -
Bredin Prat, Paris, France
-
English
-
Concluded
-
January 14, 2021 - The Tribunal renders its award.
-
Claimant(s)
-
May 20, 2021
-
July 20, 2021
-
Mónica PINTO (Argentine)
-
-
Alem & Associates, Beirut, Lebanon and Abu Dhabi, United Arab Emirates
-
Bredin Prat, Paris, France
-
English
-
Concluded
-
December 5, 2024 - The ad hoc Committee issues its decision on annulment.
(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 |
---|---|
January 16, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
April 15, 2015 | Following appointment by the Claimants, J. William Rowley (Canadian/British) accepts his appointment as arbitrator. |
June 24, 2015 | Following appointment by the ICC, Rodrigo Oreamuno (Costa Rican) accepts his appointment as arbitrator. |
August 5, 2015 | Following appointment by his co-arbitrators, Albert Jan van den Berg (Dutch) accepts his appointment as presiding arbitrator. |
August 5, 2015 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention and Articles 9 and 10 of the Germany-Lebanon BIT 1997. Its members are: Albert Jan van den Berg (Dutch), President, appointed by the co-arbitrators; J. William Rowley (Canadian/British), appointed by Claimants; and Rodrigo Oreamuno (Costa Rican), appointed by the International Chamber of Commerce pursuant to Article 9(3) of the Germany– Lebanon BIT 1997. |
October 16, 2015 | The Tribunal holds a first session by telephone conference. |
October 28, 2015 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
December 22, 2015 | The Claimants file a memorial on the merits. |
February 2, 2016 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
June 6, 2016 | The Respondent files a counter-memorial on jurisdiction and the merits. |
July 5, 2016 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
July 11, 2016 | The Tribunal issues a decision on production of documents. |
July 20, 2016 | The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents. |
August 24, 2016 | The Claimants file a reply on jurisdiction and the merits. |
September 10, 2016 | The Tribunal issues Procedural Order No. 4 concerning the procedural calendar. |
October 21, 2016 | Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents. |
October 23, 2016 | The Tribunal issues a decision on the production of documents. |
November 4, 2016 | The Tribunal issues Procedural Order No. 5 concerning the procedural calendar. |
January 26, 2017 | The Respondent files a rejoinder on jurisdiction and the merits. |
March 9, 2017 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
March 10, 2017 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
March 20, 2017 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
March 20, 2017 | The Respondent files observations on the Claimants’ request of March 20, 2017. |
March 22, 2017 | The Tribunal decides on the admissibility of new evidence. |
March 22, 2017 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
April 8, 2017 - April 14, 2017 | The Tribunal holds a hearing on jurisdiction and liability in Washington, D.C. |
June 4, 2017 - June 5, 2017 | The Tribunal holds a hearing on quantum in London. |
July 24, 2017 | Each party files a post-hearing brief. |
September 15, 2017 | Each party files a reply post-hearing brief. |
November 3, 2017 | Each party files a submission on costs. |
November 17, 2017 | Each party files a reply submission on costs. |
June 25, 2018 | The Tribunal issues a decision on jurisdiction, liability and certain aspects of quantum. |
July 30, 2018 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
September 12, 2018 | The Respondent files a request for security for costs. |
September 21, 2018 | The Claimant files observations on the Respondent’s request for security for costs. |
September 24, 2018 | The Respondent files a response to the Claimant’s observations of September 21, 2018. |
October 1, 2018 | The Claimant files further observations on the Respondent’s response of September 24, 2018. |
October 11, 2018 | The Tribunal issues Procedural Order No. 9 concerning the Respondent’s request for security for costs. |
March 22, 2019 | The Claimant files a submission on quantum. |
August 30, 2019 | The Respondent files a response to the Claimant’s submission on quantum. |
September 19, 2019 | The Claimant files a reply on quantum. |
October 9, 2019 | The Respondent files a rejoinder on quantum. |
October 15, 2019 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 17, 2019 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |
October 23, 2019 - October 24, 2019 | The Tribunal holds a hearing on quantum in Paris. |
October 31, 2019 | The Claimant files answers to questions posed by the Tribunal during the hearing on quantum. |
November 7, 2019 | The Respondent files answers to questions posed by the Tribunal during the hearing on quantum. |
December 4, 2019 | The Respondent files a post-hearing brief. |
December 5, 2019 | The Claimant files a post-hearing brief. |
December 18, 2019 | Each party files a reply post-hearing brief. |
January 24, 2020 | Each party files a submission on costs. |
January 31, 2020 | Each party files a reply submission on costs. |
November 3, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
January 14, 2021 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
---|---|
May 20, 2021 | The Secretary-General registers an application for annulment of the award filed by Abed El Jaouni and notifies the parties of the provisional stay of enforcement of the award. |
July 20, 2021 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Mónica Pinto (Argentine), President; Cavinder Bull (Singaporean); and Jakob Ragnwaldh (Swedish); all members appointed by the Chairman of the Administrative Council. |
August 25, 2021 | Abed El Jaouni files a request to continue the stay of enforcement of the award. |
September 10, 2021 | The Lebanese Republic files observations on Abed El Jaouni’s request to continue the stay of enforcement of the award. |
October 12, 2021 | The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award by video conference. |
October 15, 2021 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
October 26, 2021 | The ad hoc Committee issues a decision on the stay of enforcement of the award. |
February 1, 2022 | Abed El Jaouni files a memorial on annulment. |
June 22, 2022 | The Lebanese Republic files a counter-memorial on annulment. |
September 13, 2022 | Abed El Jaouni files a reply on annulment. |
December 7, 2022 | The Lebanese Republic files a rejoinder on annulment. |
February 21, 2023 | The Secretary-General suspends the proceedings for non-payment pursuant to ICSID Administrative and Financial Regulation 16(2)(b). |
July 14, 2023 | The proceeding is resumed following payment of the required advances. |
April 16, 2024 | The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference. |
April 18, 2024 | The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing. |
May 11, 2024 | The ad hoc Committee holds a hearing on annulment in person in Paris and by video conference. |
May 27, 2024 | Each party files a statement of costs. |
November 7, 2024 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
December 5, 2024 | The ad hoc Committee issues its decision on annulment. |