Case Details

MAKAE Europe SARL v. Kingdom of Saudi Arabia (ICSID Case No. ARB/17/42)

Subject of Dispute:

Retail enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT France - Saudi Arabia 2002
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

MAKAE Europe SARL (French)
Respondent(s):

Kingdom of Saudi Arabia (Saudi Arabian)
Date Registered:

November 8, 2017
Date of Constitution of Tribunal:

May 4, 2018

Composition of Tribunal

President:

John R. CROOK (U.S.) - Appointed by the Parties
Arbitrators:

Vera VAN HOUTTE (Belgian) - Appointed by the Claimant(s)
Karim HAFEZ (Egyptian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Respondent(s):

AlSalloum and AlToaimi, Riyadh, Kingdom of Saudi Arabia
Ministry of Commerce and Investment, Riyadh, Kingdom of Saudi Arabia
White & Case, New York, NY, and Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 30, 2021 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

No References Available.

(a) Original Proceeding

Date	Development
November 8, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
December 18, 2017	Following appointment by the Claimant, Vera Van Houtte (Belgian) accepts her appointment as arbitrator.
February 1, 2018	Following appointment by the Respondent, Karim Hafez (Egyptian) accepts his appointment as arbitrator.
May 4, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: John R. Crook (U.S.), President, appointed by agreement of the parties; Vera Van Houtte (Belgian), appointed by the Claimant; and Karim Hafez (Egyptian), appointed by the Respondent.
May 4, 2018	Following appointment by agreement of the parties, John R. Crook (U.S.) accepts his appointment as presiding arbitrator.
June 25, 2018	The Tribunal holds a first session by telephone conference.
July 3, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 6, 2018	The Claimant files a request for provisional measures.
September 28, 2018	The Respondent files observations on the Claimant’s request for provisional measures.
October 18, 2018	The Claimant files a reply on provisional measures.
November 7, 2018	The Respondent files a rejoinder on provisional measures.
December 19, 2018	The Claimant files a memorial on the merits.
February 15, 2019	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 29, 2019	The Claimant observations on the request to address the objections to jurisdiction as a preliminary question.
April 19, 2019	The Respondent files a response to the Claimant’s observations of March 29, 2019.
May 10, 2019	The Claimant files further observations on the request to address the objections to jurisdiction as a preliminary question.
June 5, 2019	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
September 7, 2019	The Respondent files a memorial on jurisdiction.
January 10, 2020	The Claimant files a counter-memorial on jurisdiction.
March 3, 2020	The Respondent files an application concerning procedural matters.
March 16, 2020	The Claimant files observations on the Respondent’s application.
March 30, 2020	The Tribunal decides the Respondent’s Application concerning procedural matters.
May 22, 2020	The Respondent files a reply on jurisdiction.
May 22, 2020	The Respondent files a request for security for costs.
July 2, 2020	The Claimant files observations on the Respondent’s request for security for costs.
July 17, 2020	The Respondent files a reply on security for costs.
July 31, 2020	The Claimant files a rejoinder on security for costs.
September 9, 2020	The Claimant files a Rejoinder on Preliminary Objections.
November 19, 2020	The Tribunal issues a decision on security for costs.
December 17, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
February 17, 2021	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing.
February 22, 2021 - February 26, 2021	The Tribunal holds a hearing on jurisdiction by video conference.
March 1, 2021	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
April 28, 2021	Each party files a post-hearing brief.
May 12, 2021	Each party files a submission on costs.
August 30, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 30, 2021	The Tribunal renders its award.