Saudi Arabia

Saudi Arabia

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 2020 Qatar Airways v. Saudi Arabia Qatar Airways Group Q.C.S.C. v. Kingdom of Saudi Arabia OIC Investment Agreement (1981)

Arab Investment Agreement (1980)
Data not available Data not available Investment: Licences and permits to conduct air transport activities.

Summary: Claims arising out of the Government’s alleged actions to block the operation of Qatar Airways in the country, including the closure of airspace to the claimant and the revocation of the claimant’s licences to operate.
Licences and permits to conduct air transport activities. Pending Saudi Arabia Qatar Tertiary: H - Transportation and storage 51 - Air transport Data not available Data not available Data not available Data not available Pending Data not available Data not available None None None None None
2 2019 DSG v. Saudi Arabia DSG Yapi Sanayi Ticaret Anonim Sirketi v. Kingdom of Saudi Arabia (ICSID Case No. ARB/19/32) Saudi Arabia - Turkey BIT (2006) ICSID ICSID Investment:

Summary:
Pending Saudi Arabia Türkiye Tertiary: F - Construction 42 - Civil engineering Drymer, S. L. - President (replaced)

Kaplan, N. - President

Pryles, M. C. - Claimant

Mayer, P. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
3 2019 Qatar Pharma and Al Sulaiti v. Saudi Arabia Qatar Pharma and Ahmed Bin Mohammad Al Haie Al Sulaiti v. Kingdom of Saudi Arabia OIC Investment Agreement (1981) Data not available Data not available Investment: Investments in two locally incorporated companies in the pharmaceutical industry and three warehouses for products in Riyadh, Jeddah and Dammam.

Summary: Claims arising out of the alleged repudiation of long-term sales contracts concluded between Saudi Arabia’s Ministry of Health and the claimants, after Saudi Arabia suspended diplomatic relations with Qatar in 2017. According to the claimants, the Ministry’s measures included a failure to pay for products supplied by the claimants under these contracts and allegedly forced them to close their warehouses in the country.
Investments in two locally incorporated companies in the pharmaceutical industry and three warehouses for products in Riyadh, Jeddah and Dammam. Pending Saudi Arabia Qatar Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Fernández-Armesto, J. - President

Poncet, C. - Claimant

Ziadé, N. - Respondent
Data not available Data not available Indirect expropriation

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

Most-favoured nation treatment
Pending None None None None None None None
4 2018 beIN v. Saudi Arabia beIN Corporation v. Saudi Arabia OIC Investment Agreement (1981) UNCITRAL Data not available Investment: Broadcasting licence to offer pay television services in Saudi Arabia and ownership of local subsidiary, Al Oula Al Raeda Trading Company, for retail operations.

Summary: Claims arising out of government authorities’ alleged measures to stop the claimant’s broadcasting operations in the country, after Saudi Arabia suspended diplomatic relations with Qatar in 2017. This allegedly included the non-renewal of the claimant’s Pay TV broadcasting licence and the denial of licences required by the claimant’s subsidiary.
Broadcasting licence to offer pay television services in Saudi Arabia and ownership of local subsidiary, Al Oula Al Raeda Trading Company, for retail operations. Pending Saudi Arabia Qatar Tertiary: J - Information and communication 60 - Programming and broadcasting activities Data not available 1000.00 mln USD Data not available Full protection and security, or similar

Transfer of funds

Direct expropriation
Pending None None None None None None None
5 2018 HOCHTIEF v. Saudi Arabia HOCHTIEF Infrastructure GmbH v. Kingdom of Saudi Arabia (ICSID Case No. ARB/18/14) Germany - Saudi Arabia BIT (1996) ICSID ICSID Investment: 55% shareholding in a joint venture that had been granted a contract to redesign, upgrade and expand two terminals at the King Khaled International Airport in Riyadh.

Summary: Claims arising out of the Government’s cancellation of a contract to expand the airport in Riyadh, and the subsequent reassignment of the project to a different joint venture.
55% shareholding in a joint venture that had been granted a contract to redesign, upgrade and expand two terminals at the King Khaled International Airport in Riyadh. Settled Saudi Arabia Germany Tertiary: F - Construction 41 - Construction of buildings Name not available - President

Alexandrov, S. A. - Claimant

Douglas, Z. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 22 August 2019 None None None None None None
6 2018 Khadamat v. Saudi Arabia Khadamat Integrated Solutions Private Limited (India) v. The Kingdom of Saudi Arabia (PCA Case No. 2019-24) India - Saudi Arabia BIT (2006) UNCITRAL PCA Investment:

Summary:
Decided in favour of State Saudi Arabia India Data not available Data not available Schwartz, E. - President

Ferrari, F. - Claimant

Knieper, R. - Respondent
Data not available Data not available Data not available None - jurisdiction declined Award dated 7 February 2020 None None None None None None
7 2017 MAKAE v. Saudi Arabia MAKAE Europe SARL v. Kingdom of Saudi Arabia (ICSID Case No. ARB/17/42) France - Saudi Arabia BIT (2002) ICSID ICSID Investment: Investments in Saudi Arabia’s fashion retail sector.

Summary: Claims arising out of allegedly systematic and unwarranted harassment by the Government that led to the alleged destruction of the claimant’s fashion retail business in the country.
Investments in Saudi Arabia’s fashion retail sector. Decided in favour of State Saudi Arabia France Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 47 - Retail trade, except of motor vehicles and motorcycles Crook, J. R. - President

Van Houtte, V. - Claimant

Hafez, K. - Respondent
570.60 mln USD Data not available Indirect expropriation

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

Arbitrary, unreasonable and/or discriminatory measures

National treatment

Most-favoured nation treatment
None - jurisdiction declined Award dated 30 August 2021 None None None None None None
8 2017 Samsung v. Saudi Arabia Samsung Engineering Co., Ltd. v. Kingdom of Saudi Arabia (ICSID Case No. ARB/17/43) Korea, Republic of - Saudi Arabia BIT (2002) ICSID ICSID Investment: Investment in constructing an electric power plant.

Summary: Claims arising out of the alleged termination of a power plant construction contract.
Investment in constructing an electric power plant. Data not available Saudi Arabia Korea, Republic of Tertiary: F - Construction 42 - Civil engineering Zuleta, E. - President

Alexandrov, S. A. - Claimant

Kalicki, J. E. - Respondent
Data not available Data not available Data not available Data not available Award dated 3 December 2021 None None None None None None
9 2003 Ed. Züblin v. Saudi Arabia Ed. Züblin AG v. Kingdom of Saudi Arabia (ICSID Case No. ARB/03/01) Germany - Saudi Arabia BIT (1996) ICSID ICSID Investment: Data not available

Summary: Claims arising out of the investor's construction of university facilities in Saudi Arabia.
Data not available Settled Saudi Arabia Germany Tertiary: F - Construction 41 - Construction of buildings Tribunal not constituted Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Acting Secretary-General dated 22 July 2003, pursuant to Arbitration Rule 44 None None None None None None
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 2018 Al Mehdar v. Egypt Hashem Al Mehdar v. Arab Republic of Egypt OIC Investment Agreement (1981) Data not available Data not available Investment:

Summary:
Pending Egypt Saudi Arabia Data not available Data not available Name not available - President

Name not available - Claimant

Name not available - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
2 2018 Al-Tuwairqi v. Pakistan Hilal Hussain Al-Tuwairqi and Al-Tuwairqi Holding v. Pakistan OIC Investment Agreement (1981) UNCITRAL PCA Investment: Investments in a steel manufacturing plant in Bin Qasim, Karachi, constructed and operated by local subsidiary Tuwairqi Steel Mills Limited as part of a joint venture.

Summary:
Investments in a steel manufacturing plant in Bin Qasim, Karachi, constructed and operated by local subsidiary Tuwairqi Steel Mills Limited as part of a joint venture. Pending Pakistan Saudi Arabia Secondary: C - Manufacturing 24 - Manufacture of basic metals Name not available - President

Name not available - Claimant

Name not available - Respondent
500.00 mln USD Data not available Data not available Pending None None None None None None None
3 2017 Bin Sulaiman v. Oman Omar Bin Sulaiman Abdul Aziz Al Rajhi v. The Sultanate of Oman (PCA Case No. 2017-32) OIC Investment Agreement (1981) UNCITRAL PCA Investment:

Summary:
Pending Oman Saudi Arabia Data not available Data not available Name not available - President

Name not available - Claimant

Name not available - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
4 2011 Al Warraq v. Indonesia Hesham Talaat M. Al-Warraq v. The Republic of Indonesia OIC Investment Agreement (1981) UNCITRAL None Investment: Indirect ownership of capital in Bank Century through a wholly-owned company (FGAH First Gulf Asia Holdings) and through claimant's personal shareholding through another company (ABN Amro).

Summary: Claims arising out of the Government's bailout of a bank in which the claimant had allegedly invested, followed by criminal investigations and the subsequent prosecution of Mr. Al-Warraq for fraudulent activities in the Indonesian financial sector.
Indirect ownership of capital in Bank Century through a wholly-owned company (FGAH First Gulf Asia Holdings) and through claimant's personal shareholding through another company (ABN Amro). Decided in favour of neither party (liability found but no damages awarded) Indonesia Saudi Arabia Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Cremades, B. M. - President

Hwang, M. - Claimant

Nariman, F. S. - Respondent
19.60 mln USD 0.00 mln USD Indirect expropriation

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

Full protection and security, or similar
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award on Respondent's Preliminary Objections to Jurisdiction and Admissibility of the Claims dated 21 June 2012

Final Award dated 15 December 2014
None None None None None None