Case Details
Ayat Nizar Raja Sumrain and others v. State of Kuwait (ICSID Case No. ARB/19/20)
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Real estate project
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Construction
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BIT Egypt, Arab Republic of - Kuwait 2001
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ICSID Convention - Arbitration Rules
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Ayat Nizar Raja Sumrain (Egyptian), Eshraka Nizar Raja Sumrain (Egyptian), Alaa Nizar Raja Sumrain (Egyptian), Mohamed Nizar Raja Sumrain (Egyptian)
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State of Kuwait (Kuwaiti)
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June 30, 2019
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October 3, 2019
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Zachary DOUGLAS (Australian) - Appointed by the Parties
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N. Fernando PIÉROLA CASTRO (Peruvian, Swiss) - Appointed by the Claimant(s)
Samuel WORDSWORTH (British) - Appointed by the Respondent(s) -
Zachary DOUGLAS (Australian) - Appointed by the Parties
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N. Fernando PIÉROLA CASTRO (Peruvian, Swiss) - Appointed by the Claimant(s)
V.V. VEEDER (British) - Appointed by the Respondent(s) -
March 11, 2020: Samuel WORDSWORTH (British) appointed following the resignation of V.V. VEEDER (British)
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Ezzat A. M. Youssef, New Cairo, Arab Republic of Egypt
Freshfields Bruckhaus Deringer, Dubai, U.A.E. -
Baker & McKenzie, London, U.K.
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English
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Concluded
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February 11, 2022 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Decision on the Request for Joinder of a Third Party
Procedural Order No. 1 – Annex A
Decision on the Claimants’ Proposal to Disqualify Prof. Zachary Douglas and Mr. V.V. Veeder
Decision on the Respondent’s Request for Suspension of Proceedings and on the Procedure with Regard to Claimants’ Request for Provisional Measures
Procedural Order No. 1 – Annex A (amended)
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 4
Order of the Tribunal Taking Note of the Discontinuance of the Proceeding
Available on the ICSID Website
Procedural Order No. 1 (June 30, 2020) English (Original)
Decision on the Request for Joinder of a Third Party (October 5, 2020) English (Original)
Procedural Order No. 1 – Annex A (October 6, 2020) English (Original)
Decision on the Claimants’ Proposal to Disqualify Prof. Zachary Douglas and Mr. V.V. Veeder (January 2, 2020) English (Original)
Decision on the Respondent’s Request for Suspension of Proceedings and on the Procedure with Regard to Claimants’ Request for Provisional Measures (April 23, 2020) English (Original)
Procedural Order No. 1 – Annex A (amended) (October 28, 2020) English (Original)
Procedural Order No. 2 (February 1, 2021) English (Original)
Procedural Order No. 3 (April 29, 2021) English (Original)
Procedural Order No. 4 (May 12, 2021) English (Original)
Order of the Tribunal Taking Note of the Discontinuance of the Proceeding (February 11, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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June 30, 2019 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 13, 2019 | Following appointment by the Claimants, N. Fernando Piérola Castro (Peruvian/Swiss) accepts his appointment as arbitrator. |
September 28, 2019 | Following appointment by the Respondent, V. V. Veeder (British) accepts his appointment as arbitrator. |
October 3, 2019 | Following appointment by agreement of the parties, Zachary Douglas (Australian) accepts his appointment as presiding arbitrator. |
October 3, 2019 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Zachary Douglas (Australian), President, appointed by agreement of the parties; N. Fernando Piérola Castro (Peruvian/Swiss), appointed by the Claimants; and V.V. Veeder (British), appointed by the Respondent. |
October 18, 2019 | The Claimants file a proposal for disqualification of arbitrators Zachary Douglas and V.V. Veeder. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
November 6, 2019 | The Respondent files observations on the proposal for disqualification. |
November 13, 2019 | The arbitrators furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
November 20, 2019 | The Claimant files further observations on the proposal for disqualification. |
January 2, 2020 | The proposal for disqualification of Prof. Zachary Douglas and Mr. V.V. Veeder is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
January 15, 2020 | Following the resignation of arbitrator V.V. Veeder, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
March 11, 2020 | Following the resignation of arbitrator V.V. Veeder, Samuel Wordsworth (British) accepts his appointment as co-arbitrator appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). |
March 11, 2020 | The Tribunal is reconstituted. Its members are: Zachary Douglas (Australian) President, appointed by agreement of the Parties; Fernando Piérola (Swiss/Peruvian) appointed by the Claimants; and Samuel Wordsworth (British), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
April 13, 2020 | The Tribunal holds a first session by telephone conference. |
June 26, 2020 | The Tribunal holds a case management meeting by telephone conference. |
June 30, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 9, 2020 | A non-party files a request to be joined as a party to the proceeding. |
August 8, 2020 | Each party files observations on the request of July 9, 2020. |
September 8, 2020 | The non-party files a response to the parties’ observations of August 8, 2020. |
October 5, 2020 | The Tribunal issues a decision on the request of July 9, 2020. |
December 10, 2020 | The Claimants file a memorial on the merits. |
January 8, 2021 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
January 21, 2021 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
February 1, 2021 | The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
February 26, 2021 | The Respondent files a memorial on jurisdiction. |
March 26, 2021 | The Claimants file a counter-memorial on jurisdiction. |
April 9, 2021 | The Respondent files a reply on jurisdiction. |
April 25, 2021 | The Claimants file a rejoinder on jurisdiction. |
April 29, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
April 29, 2021 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
May 11, 2021 | The proceeding is suspended pursuant to the parties’ agreement. |
May 12, 2021 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
February 3, 2022 | The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |
February 11, 2022 | The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |