Case Details

United Agencies Limited SA v. People’s Democratic Republic of Algeria (ICSID Case No. ARB/20/1)

Subject of Dispute:

Acquisition of shares
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Switzerland - Algeria 2004
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

United Agencies Limited SA (Swiss)
Respondent(s):

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

January 9, 2020
Date of Constitution of Tribunal:

May 12, 2020

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by the Parties
Arbitrators:

Paolo Michele PATOCCHI (Swiss) - Appointed by the Claimant(s)
Ali BENCHENEB (Algerian, French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

ABS Avocats, Algiers, Algeria
Respondent(s):

Bank of Algeria
Cabinet d’avocats Djouadi et Hamou, Algiers, Algeria
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 25, 2022 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Ali Bencheneb.

(a) Original Proceeding

Published Decisions

Award (excerpts)

Available on the ICSID Website

Award (excerpts) (July 25, 2022) French (Original)

(a) Original Proceeding

Date	Development
January 9, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
March 19, 2020	Following appointment by the Respondent, Ali Bencheneb (French/Algerian) accepts his appointment as arbitrator.
March 20, 2020	Following appointment by the Claimant, Paolo Michele Patocchi (Swiss) accepts his appointment as arbitrator.
May 12, 2020	Following appointment by agreement of the parties, Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator.
May 12, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by agreement of the parties; Paolo Michele Patocchi (Swiss), appointed by Claimant; and Ali Bencheneb (French/Algerian), appointed by Respondent.
July 13, 2020	The Tribunal holds a first session by video conference.
August 12, 2020	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
September 2, 2020	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
September 10, 2020	The Respondent files further observations on the request to address the objections to jurisdiction as a preliminary question.
September 17, 2020	The Claimant files further observations on the request to address the objections to jurisdiction as a preliminary question.
September 25, 2020	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
November 2, 2020	The Claimant files memorial on the merits.
December 10, 2020	The Claimant files a request for provisional measures.
December 22, 2020	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
January 11, 2021	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
February 24, 2021	The Respondent files observations on the Claimant’s request for provisional measures.
March 11, 2021	The Claimant files a response to the Respondent’s observations of February 24, 2021.
March 16, 2021	The Respondent files further observations on the Claimant’s request for provisional measures.
March 24, 2021	The Respondent files a counter-memorial on the merits and jurisdiction.
April 3, 2021	The Tribunal issues Procedural Order No. 5 concerning provisional measures.
May 3, 2021	The Tribunal issues Procedural Order No. 6 concerning production of documents.
May 10, 2021	The Tribunal issues Procedural Order No. 7 concerning production of documents.
May 18, 2021	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
May 25, 2021	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
June 8, 2021	The Claimant files a reply on the merits and jurisdiction.
September 6, 2021	The Respondent files a rejoinder on the merits and jurisdiction.
September 27, 2021	The Claimant files a rejoinder on jurisdiction.
October 4, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 5, 2021	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
October 16, 2021	The Tribunal issues Procedural Order No. 11 concerning hearing organization.
November 8, 2021 - November 9, 2021	The Tribunal holds a hearing on jurisdiction and the merits in Paris and by video conference.
December 10, 2021	Each party files a post-hearing brief.
December 16, 2021	Each party files a statement of costs.
June 27, 2022	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 25, 2022	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Ali Bencheneb.