Case Details

Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C. v. State of Kuwait (ICSID Case No. ARB/18/2)

Subject of Dispute:

Real estate project
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Egypt, Arab Republic of - Kuwait 2001
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C. (Egyptian)
Respondent(s):

State of Kuwait (Kuwaiti)
Date Registered:

February 14, 2018
Date of Constitution of Tribunal:

August 2, 2018

Composition of Tribunal

President:

Ricardo RAMÍREZ HERNÁNDEZ (Mexican) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Pascal DÉVAUD (Swiss) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Tarek Ahmed Mohamed Abd El Nasser, Giza, Egypt
Ezzat Ahmed Youssef, Giza, Egypt
Respondent(s):

Salah Al Masad, Kuwait City, Kuwait
Curtis, Mallet-Prevost, Colt and Mosle, London, U.K., Mexico City, Mexico, and Geneva, Switzerland
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 1, 2019 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Pascal Dévaud.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

March 12, 2020 (Claimant(s))
Date of Constitution of ad hoc Committee:

August 3, 2020

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

President:

David A. PAWLAK (Irish, U.S.)
Members:

Eva KALNINA (Latvian)
Mahnaz MALIK (British, Pakistani)

Party Representatives

Claimant(s):

Tarek Ahmed Mohamed Abd El Nasser, Giza, Egypt
Ezzat Ahmed Youssef, Giza, Egypt
Oriane Marion, Paris, France
Alexandre Meyniel, Paris, France
Respondent(s):

Salah Al Masad, Kuwait City, Kuwait
Curtis, Mallet-Prevost, Colt and Mosle, London, U.K., Mexico City, Mexico, and Geneva, Switzerland
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 28, 2023 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (November 1, 2019)

Dissenting Opinion on the Respondent’s Application under Rule 41(5) of the ICSID Arbitration Rules (November 1, 2019)

(a) Original Proceeding

Date	Development
February 14, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
May 28, 2018	Following appointment by the Claimants, Pascal Devaud (Swiss) accepts his appointment as arbitrator.
May 28, 2018	Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator.
August 2, 2018	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Ricardo Ramírez Hernández (Mexican) accepts his appointment as presiding arbitrator.
August 2, 2018	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Ricardo Ramírez Hernández (Mexican), President, appointed by the Chairman of the Administrative Council; Pascal Dévaud (Swiss), appointed by the Claimant; and Rolf Knieper (German), appointed by the Respondent.
September 3, 2018	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
September 21, 2018	The Tribunal holds a first session by telephone conference.
September 30, 2018	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 22, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 14, 2018	The Tribunal holds a hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5) in Paris.
November 1, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 1, 2019	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Pascal Dévaud.

(b) Annulment Proceeding

Date	Development
March 12, 2020	The Secretary-General registers an application for annulment of the award filed by Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C. and notifies the parties of the provisional stay of enforcement of the award.
August 3, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: David Pawlak (Irish/U.S.), President; Eva Kalnina (Latvian); and Mahnaz Malik (British/Pakistani; all members appointed by the Chairman of the Administrative Council.
December 16, 2020	The ad hoc Committee holds a first session by telephone conference.
December 31, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
February 1, 2021	Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C. files a request to continue the stay of enforcement of the award.
March 4, 2021	The State of Kuwait files observations on Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C.’s request to continue the stay of enforcement of the award.
March 29, 2021	Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C. files a response on the State of Kuwait’s observations of March 4, 2021.
April 22, 2021	Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C. files a memorial on annulment.
April 26, 2021	The State of Kuwait files further observations on Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C.’s request to continue the stay of enforcement of the award.
August 5, 2021	The State of Kuwait files a counter-memorial on annulment.
August 20, 2021	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
October 12, 2021	Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C. files a reply on annulment.
December 7, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
December 13, 2021	The State of Kuwait files a rejoinder on annulment.
January 7, 2022	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
October 27, 2022	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
November 1, 2022	The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing.
November 23, 2022 - November 24, 2022	The ad hoc Committee holds a hearing on annulment in London.
January 27, 2023	Almasryia for Operating & Maintaining Touristic Construction Co. L.L.C files a post-hearing brief.
March 3, 2023	The State of Kuwait files a post-hearing brief.
March 24, 2023	Each party files a submission on costs.
March 31, 2023	Each party files observations on the other party’s submission on costs.
December 6, 2023	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
December 28, 2023	The ad hoc Committee issues its decision on annulment.