Besserglik v. Mozambique Oded Besserglik v. Republic of Mozambique (ICSID Case No. ARB(AF)14/2)
South Africa
Interests in contractual arrangements with State-owned entities, Mozambiciana de Pescas EE (“Emopesca”) and Sulpesca Lda (“Sulpesca”), through a shareholding in South African company Natal Ocean Trawling (Pty) Ltd; ownership of two fishing vessels.
Claims arising out of the alleged expropriation of the claimant’s two fishing vessels and its interests in a joint fishing venture in Mozambique involving two Mozambican State-owned entities (Emopesca and Sulpesca).
Primary: A - Agriculture, forestry and fishing
3 - Fishing and aquaculture
ICSID AF (ICSID Additional Facility)
ICSID (International Centre for Settlement of Investment Disputes)
Khan, M. A.
Fortier, L. Y.
von Wobeser, C.
Decided in favour of State
91.60 mln USD
Data not available
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined