Case Details

Champion Holding Company and others v. Arab Republic of Egypt (ICSID Case No. ARB/16/2)

Subject of Dispute:

Cotton processing and trading activities
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Egypt, Arab Republic of - United States of America 1986 - Investment Law - Egypt (1997)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Champion Holding Company (U.S.), Mahmoud Ahmed Mohamed Wahba (U.S.), Timothy Robert Wahba (U.S.), James Tarrick Wahba (U.S.), John Byron Wahba (U.S.), Susanne Patterson Wahba (U.S.)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

January 28, 2016
Date of Constitution of Tribunal:

October 19, 2016

Composition of Tribunal

President:

Jan PAULSSON (French, Swedish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Richard MCLAREN (Canadian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Makhdoom Ali KHAN (Pakistani) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Richard MCLAREN (Canadian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)
Reconstituted:

October 31, 2019: Jan PAULSSON (Swedish ,French) appointed following the resignation of Makhdoom Ali KHAN (Pakistani)

Party Representatives

Claimant(s):

Dentons US, New York, NY, U.S.A.
Dr. Todd Weiler, Barrister & Solicitor, Ontario, Canada
Respondent(s):

Egyptian State Lawsuits Authority, Giza, Arab Republic of Egypt
Bredin Prat, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 28, 2020 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
January 28, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
May 3, 2016	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
May 6, 2016	Following appointment by the Claimants, Richard McLaren (Canadian) accepts his appointment as arbitrator.
September 6, 2016	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
October 19, 2016	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Makhdoom Ali Khan (Pakistani) accepts his appointment as presiding arbitrator.
October 19, 2016	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Makhdoom Ali Khan (Pakistani), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Richard McLaren (Canadian), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent.
November 11, 2016	The Claimants file a proposal for disqualification of arbitrator Zachary Douglas. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
December 1, 2016	The Respondent files observations on the proposal for disqualification.
December 7, 2016	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
December 13, 2016	The Claimants file various requests concerning the Respondent’s advance payments.
December 14, 2016	Each party files further observations on the proposal for disqualification.
January 18, 2017	The proposal for disqualification of arbitrator Zachary Douglas is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
February 1, 2017	The Respondent files observations on the Claimants’ requests of December 13, 2016.
February 8, 2017	The Claimants file a response to the Respondent’s observations of February 1, 2017.
February 15, 2017	The Respondent files further observations on the Claimants’ response of February 8, 2017.
February 20, 2017	The Claimants files a response to the Respondent’s further observations of February 15, 2017.
February 21, 2017	The Tribunal holds a first session by telephone conference.
March 27, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 27, 2017	The Tribunal issues Procedural Order No. 2 concerning the Claimants’ requests of December 13, 2017.
July 15, 2017	The Claimants file a memorial on the merits.
July 20, 2017	The Tribunal decides on the procedural calendar.
October 13, 2017	The Respondent files various requests related to the Claimants’ supporting documentation.
October 14, 2017	The Claimants file observations on the Respondent’s requests of October 13, 2017.
October 17, 2017	The Claimants file further observations on the Respondent’s requests of October 13, 2017.
October 17, 2017	The Respondent files a response to the Claimants’ observations of October 14, 2017.
October 21, 2017	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s requests of October 13, 2017.
November 4, 2017	The Respondent files objections to jurisdiction and admissibility.
November 21, 2017	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
January 10, 2018	The Claimants file a counter-memorial on jurisdiction and admissibility.
February 9, 2018	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
February 26, 2018	The Tribunal issues Procedural Order No. 5 concerning production of documents.
March 20, 2018	The Respondent files various requests for the Tribunal to decide on document production matters.
March 21, 2018	The Claimants file observations on the Respondent’s request of March 20, 2018.
March 23, 2018	The Respondent files a response to the Claimants’ observations of March 21, 2018.
March 26, 2018	Each party files further observations on the Respondent’s request of March 20, 2018.
April 12, 2018	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s requests of March 20, 2018.
April 17, 2018	The parties exchange information pursuant to Procedural Order No. 6.
July 9, 2018	The Respondent files a reply on jurisdiction and admissibility.
November 9, 2018	The Claimants file a rejoinder on jurisdiction and admissibility.
December 7, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 13, 2018	The Claimants file observations on the Respondent’s request of December 7, 2018.
December 16, 2018	The Respondent files a response to the Claimants’ observations of December 13, 2018.
December 16, 2018	The Claimants file observations on the Respondent’s response of December 16, 2018.
January 1, 2019	The Tribunal issues Procedural Order No. 7 on the admissibility of new evidence.
January 10, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
January 17, 2019	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
February 10, 2019 - February 14, 2019	The Tribunal holds a hearing on jurisdiction and admissibility in London.
March 26, 2019	The Claimants file a request for provisional measures.
April 5, 2019	The Respondent files observations on the Claimants’ request for provisional measures.
April 15, 2019	The Claimants file a response to the Respondent’s observations of April 5, 2019.
April 25, 2019	The Respondent files further observations on the Claimants’ request for provisional measures.
June 4, 2019	Following exchanges between the parties, the Tribunal issues Procedural Order No. 9 concerning the transcript of the hearing on jurisdiction and admissibility.
June 4, 2019	Following exchanges between the parties, the Tribunal issues Procedural Order No. 10 concerning certain costs incurred in connection with the hearing on jurisdiction and admissibility.
July 18, 2019	The Tribunal issues Procedural Order No. 11 concerning provisional measures.
October 15, 2019	Following the resignation of arbitrator Makhdoom Ali Khan, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
October 31, 2019	Following the resignation of arbitrator Makhdoom Ali Khan, Jan Paulsson (French/Swedish) accepts his appointment as President of the Tribunal by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(1).
October 31, 2019	The Tribunal is reconstituted. Its members are: Jan Paulsson (French/Swedish), President, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(1); Richard McLaren (Canadian), appointed by the Claimants; and Zachary Douglas (Australian) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
January 31, 2020	Each party files a statement of costs.
February 7, 2020	Each party files observations on the other party’s statement of costs.
February 28, 2020	The Tribunal renders its award.