Lebanon

Lebanon

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2016 J&P-AVAX v. Lebanon J&P-AVAX S.A. v. Lebanese Republic (ICSID Case No. ARB/16/29) Greece - Lebanon BIT (1997) ICSID ICSID Investment: Investments in an electric power generation project.

Summary:
Investments in an electric power generation project. Pending Lebanon Greece Tertiary: F - Construction 42 - Civil engineering Beechey, J. - President

Caron, D. D. - President (replaced)

Alexandrov, S. A. - Claimant

Douglas, Z. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
2 2015 El Jaouni v. Lebanon Abed El Jaouni and Imperial Holding SAL v. Lebanese Republic (ICSID Case No. ARB/15/3) Germany - Lebanon BIT (1997) ICSID ICSID Investment: Ownership of company ImperialJet, which operates a fleet of private jets for charter and lease throughout Europe and the Middle East.

Summary: Claims arising out of the alleged expropriation and unlawful revocation of aviation licenses by the Lebanese government from the claimant's subsidiary, ImperialJet.
Ownership of company ImperialJet, which operates a fleet of private jets for charter and lease throughout Europe and the Middle East. Pending Lebanon Germany Tertiary: H - Transportation and storage 51 - Air transport van den Berg, A. J. - President

Rowley, J. W. - Claimant

Oreamuno Blanco, R. - Respondent
1200.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Umbrella clause

Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction, Liability and Certain Aspects of Quantum dated 25 June 2018 None None None None None None
3 2007 Toto v. Lebanon Toto Costruzioni Generali S.p.A. v. Republic of Lebanon (ICSID Case No. ARB/07/12) Italy - Lebanon BIT (1997) ICSID ICSID Investment: Rights under a contract concluded between Lebanon's Conseil Exécutif des Grands Projets and claimant for constructing a section of a highway linking Beirut to Damascus.

Summary: Claims arising out of alleged interferences by the Lebanese Government that caused material damage to the construction project of a highway in which the claimant had invested, followed by its refusal to adopt adequate corrective measures; for instance, changing the regulatory framework, failing to deliver sites, failing to protect Toto's legal possession, and giving erroneous design information and instructions.
Rights under a contract concluded between Lebanon's Conseil Exécutif des Grands Projets and claimant for constructing a section of a highway linking Beirut to Damascus. Decided in favour of State Lebanon Italy Tertiary: F - Construction 42 - Civil engineering van Houtte, H. - President

Schwebel, S. M. - Claimant

Feliciani, A. - Claimant (replaced)

Moghaizel, F. - Respondent
33.00 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

Umbrella clause

Other
None - all claims dismissed at the merits stage Award dated 7 June 2012

Decision on Jurisdiction dated 11 September 2009
Concurring Opinion of Judge Schwebel (Award) ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order taking note of the discontinuance of the proceeding issued by the ad hoc Committee dated 15 February 2013, pursuant to ICSID Arbitration Rules 53 and 44 (ICSID annulment proceedings) None Gaillard, E. - President

Pryles, M. C. - Member

Rigo Sureda, A. - Member
4 2002 France Telecom v. Lebanon France Telecom v. Lebanon France - Lebanon BIT (1996) UNCITRAL None Investment: Rights under a contract to operate a GSM mobile telephone network.

Summary: Claims arising out of the Government's termination of a contract entered into with the investor to implement cellular GSM services in Lebanon.
Rights under a contract to operate a GSM mobile telephone network. Decided in favour of investor Lebanon France Tertiary: J - Information and communication 61 - Telecommunications Audit, B. - President

Lalonde, M. - Unknown

Akl, A. - Unknown
952.00 mln USD 266.00 mln USD Data not available Data not available Award dated 22 February 2005 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Swiss Federal Tribunal, Recours de droit public contre la sentence du Tribunal arbitral du 7 avril 2005, 4P.154/2005/sYC, dated 10 November 2005 (Judicial review by national courts) None None
5 2000 Eastern Company v. Lebanon Eastern Company v. Lebanon Egypt - Lebanon BIT (1996) CRCICA CRCICA Investment: Data not available

Summary: Data not available
Data not available Data not available Lebanon Egypt Data not available Data not available Data not available Data not available Data not available Data not available Data not available Award dated 6 June 2002 None Data not available Data not available Data not available Data not available Data not available
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2016 Safa v. Greece Iskandar Safa and Akram Safa v. Hellenic Republic (ICSID Case No. ARB/16/20) Greece - Lebanon BIT (1997) ICSID ICSID Investment: Co-ownership of the Privinvest Group, a naval shipbuilding group, which acquired a majority stake in Hellenic Shipyards SA in 2010.

Summary: Claims arising out of the Government’s allegedly unlawful actions related to Hellenic Shipyards, an operator of a large shipyard near Athens, including a claim for EUR 300 million from a State-owned entity, a prohibition for the shipyard to work for foreign navies and stopped payments under contracts.
Co-ownership of the Privinvest Group, a naval shipbuilding group, which acquired a majority stake in Hellenic Shipyards SA in 2010. Pending Greece Lebanon Secondary: C - Manufacturing 30 - Manufacture of other transport equipment Heiskanen, V. - President

Reichert, K. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Pending Decision on Jurisdiction and Liability dated 24 July 2020 None None None None None None
2 2014 Dagher v. Sudan Michael Dagher v. Republic of the Sudan (ICSID Case No. ARB/14/2) Jordan - Sudan BIT (2000)

Lebanon - Sudan BIT (2004)
ICSID ICSID Investment: Shareholding, through certain intermediary companies, in the Sudanese company Jet Net, which held license rights to build, operate and own a retail business of wireless communications granted by the Sudanese Ministry of Communications.

Summary: Claims arising out of the Government's alleged failure to grant frequencies for a wireless internet network that was built by a company in which the claimant held shares.
Shareholding, through certain intermediary companies, in the Sudanese company Jet Net, which held license rights to build, operate and own a retail business of wireless communications granted by the Sudanese Ministry of Communications. Discontinued Sudan Jordan

Lebanon
Tertiary: J - Information and communication 61 - Telecommunications Banifatemi, Y. - President

Park, W. W. - Claimant

Khan, M. A. - Respondent
35.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 10 November 2017

Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 3 August 2020
None None None None None None
3 2014 Saab v. Cyprus Ayoub-Farid Saab and Fadi Saab v. Cyprus Cyprus - Lebanon BIT (2001) ICC ICC Investment: Ownership of Tanzanian-based FBME Bank, which conducted most of its operations in Cyprus.

Summary: Claims arising out of the decision by Cyprus’ Central Bank to place under administration and sell off two Cypriot branches of a bank owned by the claimants, following accusations that the bank was involved in money laundering operations.
Ownership of Tanzanian-based FBME Bank, which conducted most of its operations in Cyprus. Decided in favour of State Cyprus Lebanon Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Tercier, P. - President

Fadlallah, I. - Claimant

Veeder, V. V. - Respondent
500.00 mln USD Data not available Indirect expropriation None - all claims dismissed at the merits stage Decision on Jurisdiction dated 10 September 2015

Award dated 15 January 2019
Dissenting Opinion None None None None None