Case Details

Iskandar Safa and Akram Safa v. Hellenic Republic (ICSID Case No. ARB/16/20)

Subject of Dispute:

Shipbuilding, shipyards
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Lebanon - Greece 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Akram Safa (Lebanese), Iskandar Safa (Lebanese)
Respondent(s):

Hellenic Republic (Greek)
Date Registered:

July 5, 2016
Date of Constitution of Tribunal:

December 22, 2016

Composition of Tribunal

President:

Veijo HEISKANEN (Finnish) - Appointed by the Parties
Arbitrators:

Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Busse Disputes Rechtsanwaltsgesellschaft, Frankfurt am Main, Germany
Respondent(s):

Legal Council of the States, Athens, Greece
Holman Fenwick Willan, London, U.K. and Brussels, Belgium
Guglielmo Verdirame, Jonathan Ketcheson, 20 Essex Street, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 30, 2023 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 3, 2023
Date of Constitution of ad hoc Committee:

January 3, 2024

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

President:

D. Brian KING (U.S.)
Members:

Olufunke ADEKOYA (British, Nigerian)
Sylvia TONOVA (Bulgarian, U.S.)

Party Representatives

Claimant(s):

Busse Disputes Rechtsanwaltsgesellschaft, Frankfurt am Main, Germany
Respondent(s):

Legal Council of the State, Ministry of National Defence of the Hellenic Republic, Athens, Greece
Dechert, Paris, France
Claudia Annacker, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 14, 2024 - The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 16(2)(c).

No References Available.

(a) Original Proceeding

Date	Development
July 5, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
September 12, 2016	Following appointment by the Claimants, Klaus Reichert (Irish/German) accepts his appointment as arbitrator.
September 28, 2016	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
October 24, 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.
December 22, 2016	Following appointment by agreement of the parties, Veijo Heiskanen (Finnish) accepts his appointment as presiding arbitrator.
December 22, 2016	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Veijo Heiskanen (Finnish), President, appointed by agreement of the parties; Klaus Reichert (Irish/German), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
December 23, 2016	The Claimants file a proposal for disqualification of arbitrator Brigitte Stern. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
January 16, 2017	The Respondent files observations on the proposal for disqualification.
January 23, 2017	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
February 6, 2017	The Claimants file further observations on the proposal for disqualification.
March 7, 2017	The proposal for disqualification of arbitrator Brigitte Stern is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
May 8, 2017	The Tribunal holds a first session in London.
May 15, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 30, 2017	The Claimants file a memorial on the merits.
February 22, 2018	The Claimants file a request for a procedural order on confidentiality.
February 28, 2018	The Respondent files observations on the Claimants’ request of February 22, 2018.
March 12, 2018	The Tribunal issues Procedural Order No. 2 concerning the Claimants’ request of February 22, 2018.
May 1, 2018	The Respondent files a memorial on preliminary objections and a counter-memorial on the merits.
July 5, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 6, 2018	Each party files observations on the non-disputing party’s application.
August 8, 2018	The Tribunal issues Procedural Order No. 3 concerning production of documents.
August 22, 2018	The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
September 14, 2018	The Tribunal issues Procedural Order No. 5 concerning the non-disputing party’s request.
October 5, 2018	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
December 19, 2018	The Claimants file a counter-memorial on preliminary objections and a reply on the merits.
February 1, 2019	The Respondent files a reply on preliminary objections.
March 1, 2019	The Respondent files a rejoinder on the merits.
March 1, 2019	The Claimants file a rejoinder on preliminary objections.
March 15, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
March 25, 2019 - April 4, 2019	The Tribunal holds a hearing on jurisdiction and merits in London.
April 11, 2019	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
April 18, 2019	The Respondent files observations on the Claimants' request of April 11, 2019.
May 9, 2019	The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence.
July 3, 2019	The Claimants file a request for the Tribunal to decide on production of documents.
July 9, 2019	The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents.
July 11, 2019	The Tribunal decides on production of documents.
August 9, 2019	Each party files a post-hearing brief.
August 15, 2019	The Respondent files a request for the exclusion of evidence.
August 22, 2019	The Claimants file observations on the Respondent’s request to exclude evidence of August 15, 2019.
August 22, 2019	The Claimants file a request for the Tribunal to decide on production of documents.
August 23, 2019	The Respondent files observations on the Claimants’ request on the production of documents of July 3, 2019.
September 6, 2019	The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents of August 22, 2019.
September 9, 2019	The Tribunal decides on the Claimants’ request of August 22, 2019 on the production of documents.
September 20, 2019	Each party files a submission on costs.
October 4, 2019	Each party files observations on the other party’s submission on costs.
July 24, 2020	The Tribunal issues a decision on jurisdiction and liability.
November 16, 2020	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
January 29, 2021	The Claimants file a memorial on quantum.
June 7, 2021	The Respondent files a counter-memorial on quantum.
November 30, 2021	The Claimants file a reply on quantum.
December 15, 2021	The Respondent files further observations on quantum.
January 4, 2022	The Claimants file a response to the Respondent’s further observations of December 15, 2021.
May 9, 2022	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
May 16, 2022	The Respondent files observations on the Claimant’s request of May 9, 2022.
May 17, 2022	The Tribunal decides on the Claimant’s request of May 9, 2022.
May 31, 2022	The Respondent files a rejoinder on quantum.
September 8, 2022	The President holds a pre-hearing organizational meeting with the parties by video conference.
September 14, 2022	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
October 5, 2022 - October 7, 2022	The Tribunal holds a hearing on quantum in London.
December 16, 2022	Each party files a post-hearing brief.
January 5, 2023	Each party files a submission on costs.
January 5, 2023	The Tribunal issues Procedural Order No. 9 concerning the Respondent’s request to introduce new evidence.
January 12, 2023	Each party files observations on the other party’s submission on costs.
April 18, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 30, 2023	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 3, 2023	The Acting Secretary-General registers an application for annulment of the award filed by Iskandar Safa and Akram Safa.
January 3, 2024	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: D. Brian King (U.S.), President; Olufunke Adekoya (British/Nigerian); and Sylvia Tonova (Bulgarian/U.S.); all members appointed by the Chairman of the Administrative Council.
February 12, 2024	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulations 15(5) and 16(2)(b).
May 14, 2024	The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 16(2)(c).