Case Details

Gesenu S.p.A. v. Arab Republic of Egypt (ICSID Case No. ARB/20/45)

Subject of Dispute:

Waste management
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT Egypt, Arab Republic of - Italy 1989
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Gesenu S.p.A. (Italian)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

October 30, 2020
Date of Constitution of Tribunal:

June 3, 2021

Composition of Tribunal

President:

Carole MALINVAUD (French) - Appointed by the Chairman of the Administrative Council
Arbitrators:

James SPIGELMAN (Australian) - Appointed by the Claimant(s)
Bruno SIMMA (Austrian, German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Withers, London, U.K.
Shahid Law Firm, Cairo, Egypt
Samuel Wordsworth, London, U.K.
Respondent(s):

Bredin Prat, Paris, France
The Egyptian State Lawsuits Authority, Cairo, Egypt
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 25, 2023 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
October 30, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
January 14, 2021	Following appointment by the Claimant, James Spigelman (Australian) accepts his appointment as arbitrator.
February 18, 2021	Following appointment by the Respondent, Bruno Simma (Austrian/German) accepts his appointment as arbitrator.
June 3, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Carole Malinvaud (French) accepts her appointment as presiding arbitrator.
June 3, 2021	The Tribunal is constituted in accordance with 37(2)(b) of the ICSID Convention. Its members are: Carole Malinvaud (French), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; James Spigelman (Australian), appointed by the Claimant; and Bruno Simma (Austrian/German), appointed by the Respondent.
July 26, 2021	The Tribunal holds a first session by video conference.
August 16, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 25, 2021	The Claimant files a memorial on the merits.
February 15, 2022	The Tribunal issues an amended version of Procedural Order No. 1 concerning the procedural calendar.
March 26, 2022	The Respondent files a counter-memorial on the merits.
June 1, 2022	Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents.
July 1, 2022	The Tribunal issues Procedural Order No. 2 concerning production of documents.
August 22, 2022	The Claimant files a request for the Tribunal to decide on production of additional documents.
August 23, 2022	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of additional documents.
August 25, 2022	The Tribunal issues Procedural Order No. 3 concerning production of additional documents.
September 13, 2022	The Claimant files a reply on the merits.
December 14, 2022	The Respondent files a rejoinder on the merits.
January 13, 2023	The Claimant files a rejoinder on jurisdiction and admissibility.
February 1, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
February 9, 2023	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
February 28, 2023	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
March 13, 2023 - March 17, 2023	The Tribunal holds a hearing on jurisdiction and the merits in London.
March 31, 2023	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
April 28, 2023	Each party files a post-hearing brief.
August 3, 2023	Each party files a statement of costs.
October 19, 2023	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
October 25, 2023	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).