Tunisia

Tunisia

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 2004 ABCI Investments v. Tunisia ABCI Investments Limited v. Republic of Tunisia (ICSID Case No. ARB/04/12) Netherlands - Tunisia BIT (1963)

Netherlands - Tunisia BIT (1998)
ICSID ICSID Investment: Acquisition of shares in a banking institution.

Summary: Claims arising out of the alleged takeover of claimant's controlling stake in a French-Tunisian bank by duress, including criminal proceedings against shareholders taken by the respondent following claimant's attempts to enforce an ICC award.
Acquisition of shares in a banking institution. Pending Tunisia Netherlands Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Orrego Vicuña, F. - President (replaced)

Bernardini, P. - Claimant (replaced)

Kaufmann-Kohler, G. - Respondent (replaced)

Stern, B. - Respondent (replaced)

Hanotiau, B. - President

Fortier, L. Y. - Claimant

Tercier, P. - Respondent
0.00 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
Pending Decision on Jurisdiction dated 18 February 2011

Decision on Liability dated 17 July 2017
Dissenting Opinion of Professor Brigitte Stern (Decision on Jurisdiction) 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 2015 KCI v. Gabon Kontinental Conseil Ingénierie v. Gabonese Republic OIC Investment Agreement (1981) UNCITRAL Data not available Investment: Contracts with the government for construction of 5,000 residential units as part of the government’s programme to guarantee a decent home for all.

Summary: Claims arising out of alleged discontinuation of government funding for the construction of 5,000 residential units in Gabon’s capital, in alleged violation of the government’s contractual obligations.
Contracts with the government for construction of 5,000 residential units as part of the government’s programme to guarantee a decent home for all. Decided in favour of investor Gabon Tunisia Tertiary: F - Construction 41 - Construction of buildings Ziadé, N. - Claimant

Mayer, P. - President

Audit, M. - Respondent
200.00 mln EUR (211.10 mln USD) 4.30 mln EUR (4.50 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction dated 2016

Award dated 23 December 2016
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Paris Court of Appeal dated 25 June 2019 (Judicial review by national courts) None None