Case Details

Société des Parcs d’Alger and Emirates International Investment Company LLC v. People’s Democratic Republic of Algeria (ICSID Case No. ARB/18/11)

Subject of Dispute:

Real Estate Project
Economic Sector:

Construction
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Société des Parcs d’Alger (Algerian), Emirates International Investment Company LLC (Emiri)
Respondent(s):

People’s Democratic Republic of Algeria (Algerian)
Date Registered:

April 5, 2018
Date of Constitution of Tribunal:

February 19, 2019

Composition of Tribunal

President:

Klaus SACHS (German) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Charles PONCET (Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding International, Paris, France and London, U.K.
King & Spalding, New York, NY, U.S.A.
Respondent(s):

Ministry of Justice, Algiers, Algeria
Algeria’s National Agency for Investment Development, Algiers, Algeria
Gaillard Banifatemi Shelbaya Disputes, Paris, France
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 9, 2023 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
April 5, 2018	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 16, 2018	Following appointment by the Claimants, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
August 20, 2018	Following appointment by the Respondent, Charles Poncet (Swiss) accepts his appointment as arbitrator.
January 23, 2019	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
February 19, 2019	Following appointment by the Chairman of the Administrative Council, Klaus Sachs (German) accepts his appointment as presiding arbitrator.
February 19, 2019	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Klaus Sachs (German), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Stephen L. Drymer (Canadian), appointed by the Claimants; and Charles Poncet (Swiss), appointed by the Respondent.
April 2, 2019	The Tribunal holds a first session by telephone conference.
May 2, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 22, 2019	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
July 9, 2019	The Claimants file a memorial on the merits.
October 18, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
January 22, 2020	The Respondent files a counter-memorial on the merits, a memorial on jurisdiction and counterclaim.
February 11, 2020	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
March 24, 2020	The Tribunal issues Procedural Order No. 5 concerning production of documents.
April 14, 2020	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
June 17, 2020	The Claimants file a reply on the merits and a counter-memorial on jurisdiction and counterclaim.
July 14, 2020	The Respondent files a request for the Tribunal to decide on production of documents.
July 22, 2020	The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
July 27, 2020	The Respondent files a response to the Claimants’ observations of July 22, 2020.
August 4, 2020	The Claimants file further observations on the request of July 14, 2020.
August 24, 2020	The Tribunal issues Procedural Order No. 8 concerning production of documents.
September 10, 2020	The Tribunal issues Procedural Order No. 9 concerning production of documents.
November 27, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction and counter-claim.
February 26, 2021	The Claimants file a rejoinder on jurisdiction and counter-claim.
October 18, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
November 19, 2021	The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.
December 9, 2021	The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.
December 13, 2021 - December 17, 2021	The Tribunal holds a hearing on the merits, jurisdiction and quantum by videoconference.
January 13, 2022	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
April 29, 2022	Each party files a post-hearing brief.
May 31, 2022	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
August 12, 2022	The Claimants file a submission on costs.
August 15, 2022	The Respondent files a submission on costs.
May 9, 2023	The Tribunal renders its award.