Case Details

Global Telecom Holding S.A.E. v. Canada (ICSID Case No. ARB/16/16)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Canada - Egypt, Arab Republic of 1996
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Global Telecom Holding S.A.E. (Egyptian)
Respondent(s):

Canada (Canadian)
Date Registered:

June 6, 2016
Date of Constitution of Tribunal:

February 21, 2017

Composition of Tribunal

President:

Georges AFFAKI (French, Syrian) - Appointed by the Secretary-General
Arbitrators:

Gary B. BORN (U.S.) - Appointed by the Claimant(s)
Vaughan LOWE (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Gibson, Dunn & Crutcher, New York, NY, U.S.A. and London, U.K.
Respondent(s):

Investment Trade Policy Division and Trade Law Bureau, Global Affairs Canada, Ottawa, Canada
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 27, 2020 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Gary Born.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

August 11, 2020 (Claimant(s))
Date of Constitution of ad hoc Committee:

September 24, 2020

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

President:

Mónica PINTO (Argentine)
Members:

Lawrence BOO (Singaporean)
Dyalá JIMÉNEZ FIGUERES (Costa Rican)

Party Representatives

Claimant(s):

Gibson, Dunn & Crutcher, New York, NY, U.S.A. and London, U.K.
Respondent(s):

Trade Law Bureau, Ottawa, ON, Canada and Tokyo, Japan
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 30, 2022 - The ad hoc Committee issues its decision on annulment.

(c) Second Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

August 11, 2020 (Respondent(s))
Date of Constitution of Tribunal:

September 24, 2020

Composition of Tribunal

President:

Mónica PINTO (Argentine)
Arbitrators:

Lawrence BOO (Singaporean)
Dyalá JIMÉNEZ FIGUERES (Costa Rican)

Party Representatives

Claimant(s):

Gibson, Dunn & Crutcher, New York, NY, U.S.A. and London, U.K.
Respondent(s):

Trade Law Bureau, Ottawa, ON, Canada and Tokyo, Japan
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 30, 2022 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Confidentiality Order

Procedural Order No. 2

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 (June 13, 2017) English (Original)

Confidentiality Order (October 30, 2017) English (Original)

Procedural Order No. 2 (December 14, 2017) English (Original)

Procedural Order No. 3 (June 1, 2018) English (Original)

Procedural Order No. 4 (November 3, 2018) English (Original)

Procedural Order No. 5 (December 13, 2018) English (Original)

Procedural Order No. 6 (January 18, 2019) English (Original)

Procedural Order No. 7 (March 14, 2019) English (Original)

Procedural Order No. 8 (March 14, 2019) English (Original)

Procedural Order No. 9 (March 25, 2019) English (Original)

Procedural Order No. 10 (December 8, 2019) English (Original)

Award of the Tribunal (March 27, 2020) English (Original)

(b) Annulment Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Decision on Annulment

Available on the ICSID Website

Procedural Order No. 1 (November 23, 2020) English (Original)

Procedural Order No. 2 (February 4, 2021) English (Original)

Procedural Order No. 3 (January 19, 2022) English (Original)

Decision on Annulment (September 30, 2022) English (Original)

(c) Second Annulment Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Decision on Annulment

Available on the ICSID Website

Procedural Order No. 1 (November 23, 2020) English (Original)

Procedural Order No. 2 (February 4, 2021) English (Original)

Procedural Order No. 3 (January 19, 2022) English (Original)

Decision on Annulment (September 30, 2022) English (Original)

(a) Original Proceeding

Date	Development
June 6, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
August 19, 2016	Following appointment by the Respondent, Vaughan Lowe (British) accepts his appointment as arbitrator.
August 25, 2016	Following appointment by the Claimant, Gary Born (U.S.) accepts his appointment as arbitrator.
February 21, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Georges Affaki (French/Syrian), President, appointed by agreement of the parties; Gary Born (U.S.), appointed by the Claimant; and Vaughan Lowe (British), appointed by the Respondent.
February 21, 2017	Following appointment by the Secretary-General pursuant to the parties’ agreement, Georges Affaki (French/Syrian) accepts his appointment as presiding arbitrator.
April 7, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 14, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
April 21, 2017	The Tribunal holds a first session by telephone conference.
June 13, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 29, 2017	The Claimant files a memorial on the merits.
October 30, 2017	The Tribunal issues an order concerning confidentiality.
November 15, 2017	The Respondent files a memorial on jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
November 29, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
December 14, 2017	The Tribunal issues Procedural Order No. 2 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.
February 26, 2018	The Respondent files a counter-memorial on the merits and damages.
May 15, 2018	Each party files a request for the Tribunal to decide on production of documents.
June 1, 2018	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 3, 2018	The Tribunal issues Procedural Order No. 4 concerning production of documents.
November 5, 2018	The Claimant files a reply on the merits and damages and a counter-memorial on jurisdiction and admissibility.
December 13, 2018	The Tribunal issues Procedural Order No. 5 concerning production of documents.
January 18, 2019	The Tribunal issues Procedural Order No. 6 concerning production of documents.
February 3, 2019	The Respondent files a rejoinder on the merits and damages and a reply on jurisdiction and admissibility.
March 1, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
March 5, 2019	The Claimant files a rejoinder on jurisdiction and admissibility.
March 14, 2019	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
March 14, 2019	The Tribunal issues Procedural Order No. 8 concerning production of documents.
March 25, 2019	The Tribunal issues Procedural Order No. 9 concerning production of documents.
April 1, 2019 - April 12, 2019	The Tribunal holds a hearing on jurisdiction, admissibility, merits and damages in Paris.
May 24, 2019	Each party files a post-hearing brief.
June 11, 2019	Each party files a submission on costs.
November 21, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
December 4, 2019	The Respondent files observations on the Claimant’s request of November 21, 2019.
December 8, 2019	The Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence.
March 10, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 27, 2020	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Gary Born.

(b) Annulment Proceeding

Date	Development
August 11, 2020	The Secretary-General registers an application for partial annulment of the award filed by Global Telecom Holding S.A.E.
September 24, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Mónica Pinto (Argentine), President; Lawrence Boo (Singaporean); and Dyalá Jiménez (Costa Rican); all members appointed by the Chairman of the Administrative Council.
November 6, 2020	The ad hoc Committee holds a first session by telephone conference.
November 23, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
January 13, 2021	Canada files a request for the ad hoc Committee to decide on the admissibility of new evidence.
January 28, 2021	Global Telecom Holding S.A.E. files observations on Canada’s request of January 13, 2021.
February 4, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence.
March 8, 2021	Global Telecom Holding S.A.E. files a memorial on partial annulment.
July 6, 2021	Canada files a counter-memorial on partial annulment.
July 6, 2021	Global Telecom Holding S.A.E. files a counter-memorial on partial annulment.
September 27, 2021	Global Telecom Holding S.A.E. files a reply on partial annulment.
September 27, 2021	Canada files a reply on partial annulment.
December 17, 2021	Canada files a rejoinder on partial annulment.
December 17, 2021	Global Telecom Holding S.A.E. files a rejoinder on partial annulment.
January 19, 2022	The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing.
February 7, 2022 - February 8, 2022	The ad hoc Committee holds a hearing on annulment by video conference.
March 9, 2022	Global Telecom Holding S.A.E. files a submission on costs.
March 10, 2022	Canada files a submission on costs.
September 16, 2022	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
September 30, 2022	The ad hoc Committee issues its decision on annulment.

(c) Second Annulment Proceeding

Date	Development
August 11, 2020	The Secretary-General registers an application for partial annulment of the award filed by Canada.
September 24, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Mónica Pinto (Argentine), President; Lawrence Boo (Singaporean); and Dyalá Jiménez (Costa Rican); all members appointed by the Chairman of the Administrative Council.
November 6, 2020	The ad hoc Committee holds a first session by telephone conference.
November 23, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
January 13, 2021	Canada files a request for the ad hoc Committee to decide on the admissibility of new evidence.
January 28, 2021	Global Telecom Holding S.A.E. files observations on Canada’s request of January 13, 2021.
February 4, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence.
March 8, 2021	Canada files a memorial on partial annulment.
July 6, 2021	Canada files a counter-memorial on partial annulment.
July 6, 2021	Global Telecom Holding S.A.E. files a counter-memorial on partial annulment.
September 27, 2021	Global Telecom Holding S.A.E. files a reply on partial annulment.
September 27, 2021	Canada files a reply on partial annulment.
December 17, 2021	Global Telecom Holding S.A.E. files a rejoinder on partial annulment.
December 17, 2021	Canada files a rejoinder on partial annulment.
January 19, 2022	The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing.
February 7, 2022 - February 8, 2022	The ad hoc Committee holds a hearing on annulment by video conference.
March 9, 2022	Global Telecom Holding S.A.E. files a submission on costs.
March 10, 2022	Canada files a submission on costs.
September 16, 2022	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
September 30, 2022	The ad hoc Committee issues its decision on annulment.