Case Details

Heidelberg Materials AG (formerly HeidelbergCement AG), Heidelberg Materials France S.A.S. (formerly HeidelbergCement France S.A.S.) and Heidelberg Materials Italia Cementi S.P.A. (formerly Italcementi S.P.A.) v. Arab Republic of Egypt (ICSID Case No. ARB/21/50)

Subject of Dispute:

Cement production enterprise
Economic Sector:

Construction
Instrument(s) Invoked:

BIT France - Egypt, Arab Republic of 1974, BIT Egypt, Arab Republic of - Germany 2005, BIT Egypt, Arab Republic of - Italy 1989
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Heidelberg Materials AG (formerly HeidelbergCement AG) (German), Heidelberg Materials France S.A.S. (formerly HeidelbergCement France S.A.S.) (French), Heidelberg Materials Italia Cementi S.P.A. (formerly Italcementi S.P.A.) (Italian)
Respondent(s):

Arab Republic of Egypt (Egyptian)
Date Registered:

October 18, 2021
Date of Constitution of Tribunal:

August 2, 2022

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Parties
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Stephen L. DRYMER (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Ashurst, Frankfurt, Germany
Shahid Law Firm, Cairo, Egypt
Respondent(s):

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

English
Status of Proceeding:

Pending
Latest Development:

June 23, 2025 - The Claimants file a reply on the merits.

No References Available.

(a) Original Proceeding

Date	Development
October 18, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
January 31, 2022	Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator.
February 24, 2022	Following appointment by the Respondent, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
August 2, 2022	Following appointment by agreement of the parties, Christopher Greenwood (British) accepts his appointment as presiding arbitrator.
August 2, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by the parties’ agreement; Charles Poncet (Swiss), appointed by the Claimants; and Stephen L. Drymer (Canadian), appointed by the Respondent.
November 10, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 14, 2023	The Claimants file a memorial on the merits.
July 30, 2023	The Respondent files a counter-memorial on the merits.
October 25, 2023	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 23, 2024	The Tribunal issues Procedural Order No. 3 concerning disclosure of documents and assertion of privilege.
August 12, 2024	The Tribunal issues Procedural Order No. 4 concerning disclosure of documents and assertion of privilege.
August 24, 2024	The Tribunal issues Procedural Order No. 5 concerning disclosure of documents and assertion of privilege.
September 3, 2024	The Tribunal issues Procedural Order No. 6 concerning disclosure of documents and procedural matters.
September 26, 2024	The Tribunal issues Procedural Order No. 7 concerning disclosure of documents and procedural matters.
October 28, 2024	The Tribunal issues Procedural Order No. 8 concerning disclosure of documents and procedural matters.
November 25, 2024	The Claimants file a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
December 4, 2024	The Respondent files observations on the proposal for disqualification.
December 11, 2024	The arbitrators furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
December 18, 2024	Each party files further observations on the proposal for disqualification.
December 20, 2024	The Respondent files a response to the Claimants’ further observations of December 18, 2024.
December 23, 2024	The Claimants file a response to the Respondent’s further observations of December 20, 2024.
May 12, 2025	The proposal for disqualification of the three members of the Tribunal is declined by the Chair of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
June 20, 2025	Case caption is updated following Claimants’ change of their legal company names from HeidelbergCement AG to Heidelberg Materials AG, HeidelbergCement France S.A.S. to Heidelberg Materials France S.A.S., and Italcementi S.P.A. (and Ciments Français S.A.S.) to Heidelberg Materials Italia Cementi S.P.A.
June 23, 2025	The Claimants file a reply on the merits.