Case Details

International Holding Project Group and others v. Arab Republic of Egypt (ICSID Case No. ARB/18/31)

Subject of Dispute:

Real estate project
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

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

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

International Holding Project Group (Kuwaiti), MENA Investment (Kuwaiti), International Real Estate Projects Group (Kuwaiti), International Storage Group (Kuwaiti), Abd-El-Aziz Saleh Esmail Abdallah Al-Rashed (Kuwaiti), MENA Holding (Kuwaiti), Awrad International Holding (Kuwaiti), MENA Resorts & Hotels (Kuwaiti), MENA International Real Estate (Kuwaiti), Morgan Al-Khaleej Holding (Kuwaiti), International Intercontinental Transport Group (Kuwaiti), Knowledge House for Educational Services (Kuwaiti), Steelco International For Steel Work & Contracting (formerly Aswaqna Holding) (Kuwaiti)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

September 19, 2018
Date of Constitution of Tribunal:

August 6, 2019

Composition of Tribunal

President:

Pierre TERCIER (Swiss) - Appointed by the Parties
Arbitrators:

John Y. GOTANDA (U.S.) - Appointed by the Claimant(s)
Claus VON WOBESER (German, Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Washington, D.C., New York, NY, Houston,TX, U.S.A. and Paris, France
Respondent(s):

Wordstone Dispute Resolution AARPI, Paris, France
Egyptian State Lawsuits Authority, Giza, Egypt
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 13, 2024 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

February 4, 2025
Date of Constitution of ad hoc Committee:

March 25, 2025

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

President:

Jakob RAGNWALDH (Swedish)
Members:

Swee Yen KOH (Singaporean)
Colm Ó HOISÍN (Irish)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A. and Paris, France
Respondent(s):

Wordstone Dispute Resolution AARPI, Paris, France
Egyptian State Lawsuits Authority, Giza, Egypt
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 25, 2025 - The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Jakob Ragnwaldh (Swedish), President; Swee Yen Koh (Singaporean); and Colm Ó hOisín (Irish); all members appointed by the Chairman of the Administrative Council.

(c) Second Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

February 4, 2025
Date of Constitution of Tribunal:

March 25, 2025

Composition of Tribunal

President:

Jakob RAGNWALDH (Swedish)
Arbitrators:

Swee Yen KOH (Singaporean)
Colm Ó HOISÍN (Irish)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A. and Paris, France
Respondent(s):

Wordstone Dispute Resolution AARPI, Paris, France
Egyptian State Lawsuits Authority, Giza, Egypt
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 25, 2025 - The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Jakob Ragnwaldh (Swedish), President; Swee Yen Koh (Singaporean); and Colm Ó hOisín (Irish); all members appointed by the Chairman of the Administrative Council.

No References Available.

(a) Original Proceeding

Date	Development
September 19, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
January 31, 2019	Following appointment by the Claimants, John Y. Gotanda (U.S.) accepts his appointment as arbitrator.
March 19, 2019	Following appointment by the Respondent, Claus von Wobeser (German/Mexican) accepts his appointment as arbitrator.
August 6, 2019	Following appointment by agreement of the parties, Pierre Tercier (Swiss) accepts his appointment as presiding arbitrator.
August 6, 2019	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Pierre Tercier (Swiss), President, appointed by agreement of the parties; John Y. Gotanda (U.S.), appointed by the Claimants; and Claus von Wobeser (German/Mexican), appointed by the Respondent.
September 27, 2019	The Tribunal holds a first session by telephone conference.
October 2, 2019	The President of the Tribunal holds a procedural consultation by telephone conference.
October 22, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 20, 2020	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
March 2, 2020	The Claimants file a memorial on the merits.
April 14, 2020	The Respondent files a request to address the objections to jurisdiction, merits and quantum in separate phases of the proceeding.
May 5, 2020	The Claimants file observations on the request to address the objections to jurisdiction, merits and quantum in separate phases of the proceeding.
June 8, 2020	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction, merits and quantum in separate phases of the proceeding.
February 1, 2021	The Respondent files a counter-memorial on the merits.
March 22, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
April 30, 2021	The Tribunal issues Procedural Order No. 4 concerning production of documents.
August 3, 2021	The Claimants file a reply on the merits.
November 23, 2021	The Respondent files a rejoinder on the merits.
November 23, 2021	The Respondent files a request for security for costs.
December 1, 2021	The Tribunal holds a pre-hearing organizational meeting by video conference.
December 9, 2021	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
January 24, 2022	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s application for security for costs.
January 24, 2022	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
April 6, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
April 7, 2022	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
May 16, 2022 - May 20, 2022	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
July 5, 2022	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
July 12, 2022	The Tribunal holds a continuation of the hearing on jurisdiction and the merits in Paris.
December 1, 2022	Each party files a statement of costs.
December 8, 2022	The Respondent files observations on the Claimants’ statement of costs.
December 19, 2022	The Claimants file a response to the Respondent’s observations of December 8, 2022.
December 23, 2022	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
January 10, 2023	The Respondent files further observations on the Claimants’ statement of costs.
May 23, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
September 13, 2024	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
February 4, 2025	The Secretary-General registers an application for partial annulment of the award filed by the Arab Republic of Egypt and notifies the parties of the provisional stay of enforcement of the award.
March 25, 2025	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Jakob Ragnwaldh (Swedish), President; Swee Yen Koh (Singaporean); and Colm Ó hOisín (Irish); all members appointed by the Chairman of the Administrative Council.

(c) Second Annulment Proceeding

Date	Development
February 4, 2025	The Secretary-General registers an application for partial annulment of the award filed by International Holding Project Group and others.
March 25, 2025	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Jakob Ragnwaldh (Swedish), President; Swee Yen Koh (Singaporean); and Colm Ó hOisín (Irish); all members appointed by the Chairman of the Administrative Council.