United Arab Emirates

United Arab Emirates

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 2021 Taheri v. United Arab Emirates Amir Masood Taheri v. United Arab Emirates (ICSID Case No. ARB/21/19) Sweden - United Arab Emirates BIT (1999) ICSID ICSID Investment: Investments in companies Epoch and Reezmouj.

Summary: Claims arising out of the Government’s failure to renew the claimant’s permit to reside in the country, affecting his investments in import-export activities and the trading of general commodities.
Investments in companies Epoch and Reezmouj. Settled United Arab Emirates Sweden Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 46 - Wholesale trade, except of motor vehicles and motorcycles Fernández-Armesto, J. - President

Reichert, K. - Claimant

Vinuesa, R. E. - Respondent
110.80 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Award embodying the parties’ settlement agreement dated 28 November 2022 None None None None None None
2 2020 Qatar Airways v. United Arab Emirates Qatar Airways Group Q.C.S.C. v. United Arab Emirates Arab Investment Agreement (1980)

OIC Investment Agreement (1981)
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 United Arab Emirates 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
3 2019 Dalal v. United Arab Emirates Shokat Mohammed Dalal v. United Arab Emirates (ICSID Case No. ARB/19/10) United Arab Emirates - United Kingdom BIT (1992) ICSID ICSID Investment: Investments in the form of deposits to reserve three island plots of a man-made island project offshore from Dubai called “The World”, developed by Nakheel PJSC and The World LLC.

Summary:
Investments in the form of deposits to reserve three island plots of a man-made island project offshore from Dubai called “The World”, developed by Nakheel PJSC and The World LLC. Discontinued United Arab Emirates United Kingdom Tertiary: L - Real estate activities 68 - Real estate activities Fernández-Armesto, J. - President

Alexandrov, S. A. - Claimant

Landau, T. - Respondent
57.00 mln AED (15.50 mln USD) 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 23 April 2021 None None None None None None
4 2017 BM Mühendislik v. United Arab Emirates BM Mühendislik ve İnşaat A.Ş. v. United Arab Emirates (ICSID Case No. ARB/17/20) Turkey - United Arab Emirates BIT (2005) ICSID ICSID Investment:

Summary:
Data not available United Arab Emirates Türkiye Tertiary: F - Construction 42 - Civil engineering Data not available Data not available Data not available Data not available Data not available Award dated 23 December 2022 Concurring and Dissenting Opinion by Charles N. Brower None None None None None
5 2002 Soufraki v. UAE Hussein Nauman Soufraki v. United Arab Emirates (ICSID Case No. ARB/02/7) Italy - United Arab Emirates BIT (1995) ICSID ICSID Investment: Rights under a port concession agreement.

Summary: Claims arising out of the cancellation by the respondent of a concession agreement between the Dubai Department of Ports and Customs and the investor for the purpose of developing, managing and operating the Port of Al Hamriya and its surrounding area.
Rights under a port concession agreement. Decided in favour of State United Arab Emirates Italy Tertiary: F - Construction 42 - Civil engineering Fortier, L. Y. - President

Schwebel, S. M. - Claimant

El Kholy, A. - Respondent
580.00 mln USD Data not available Unclear None - jurisdiction declined Award dated 7 July 2004 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision of the Ad Hoc Committee on the Application for Annulment of Mr. Soufraki dated 5 June 2007 (ICSID annulment proceedings) None Feliciano, F. P. - President

Nabulsi, O. - Member

Stern, B. - Member
6 2001 Impregilo v. UAE Impregilo, S.p.A and Rizzani De Eccher S.p.A. v. United Arab Emirates (ICSID Case No. ARB/01/1) Italy - United Arab Emirates BIT (1995) ICSID ICSID Investment: Data not available

Summary: Claims arising out of a mosque construction project in the UAE.
Data not available Discontinued United Arab Emirates Italy 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 Secretary-General dated 7 August 2001, 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 2019 CTIP Oil & Gas v. Egypt CTIP Oil & Gas International Limited v. Arab Republic of Egypt (ICSID Case No. ARB/19/27) Egypt - United Arab Emirates BIT (1997) ICSID ICSID Investment: Rights under a gas pipelines construction and operation agreement.

Summary:
Rights under a gas pipelines construction and operation agreement. Pending Egypt United Arab Emirates Tertiary: H - Transportation and storage 49 - Land transport and transport via pipelines Boo, L. - President (replaced)

Poncet, C. - Claimant

von Wobeser, C. - Respondent

Kaufmann-Kohler, G. - President
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
2 2018 Alcor v. Czechia Alcor Holdings Ltd. v. The Czech Republic (PCA Case No. 2018-45) Czech Republic - United Arab Emirates BIT (1994) UNCITRAL PCA Investment: Shareholding (99 per cent) in Alcor Holdings CZ s.r.o., with investments in several land plots located in the City of Prague.

Summary: Claims arising out of the alleged refusal of the City of Prague to conclude a lease agreement with the claimant’s former Czech subsidiary, Alcor CZ.
Shareholding (99 per cent) in Alcor Holdings CZ s.r.o., with investments in several land plots located in the City of Prague. Decided in favour of State Czechia United Arab Emirates Tertiary: L - Real estate activities 68 - Real estate activities Greenwood, C. - President

Wilmot-Smith, R. - Claimant

McRae, D. M. - Respondent
483.00 mln CZK (22.60 mln USD) Data not available 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

Other
None - jurisdiction declined Award dated 2 March 2022 None None None None None None
3 2018 Borkowski and Rasia FZE v. Armenia Joseph K. Borkowski and Rasia FZE v. Republic of Armenia (ICSID Case No. ARB/18/28) Armenia - United States of America BIT (1992) ICSID ICSID Investment: Concessions to construct and operate railway and highway routes.

Summary: Claims arising out of the Government’s alleged breach of concession contracts granted to the claimants by turning to other companies for the implementation of the infrastructure projects.
Concessions to construct and operate railway and highway routes. Decided in favour of State Armenia United States of America

United Arab Emirates
Tertiary: H - Transportation and storage

Tertiary: F - Construction
49 - Land transport and transport via pipelines

42 - Civil engineering
Beechey, J. - Claimant

Thomas, J. C. - Respondent

Kalicki, J. E. - President
150.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Indirect expropriation

Umbrella clause
None - all claims dismissed at the merits stage Award dated 20 January 2023 None ICSID annulment proceedings Pending (ICSID annulment proceedings) None None Malintoppi, L. - President

Rhodes-Vivour, A. O. - Member

Shin, H.-T. - Member
4 2018 Navodaya v. Gabon Navodaya Trading DMCC v. Gabonese Republic OIC Investment Agreement (1981) UNCITRAL Data not available Investment: Rights under a Manganese exploration permit held as part of a joint venture with Société Equatoriale des Mines (SEM), a state-owned mining company.

Summary: Claims arising out of the Government’s alleged expropriation of a mining concession for a Manganese deposit in the city of Okondja in eastern Gabon.
Rights under a Manganese exploration permit held as part of a joint venture with Société Equatoriale des Mines (SEM), a state-owned mining company. Decided in favour of State Gabon United Arab Emirates Primary: B - Mining and quarrying 7 - Mining of metal ores Name not available - President

Name not available - Claimant

Name not available - Respondent
192.00 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

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Decision on Jurisdiction dated 29 January 2019

Award dated 2 December 2020
None None None None None None
5 2018 Trasta v. Libya Trasta Energy Limited v. The State of Libya (PCA Case No. 2020-09) OIC Investment Agreement (1981) UNCITRAL PCA Investment: Investments in an oil refinery in Ras Lanuf, Libya, as part of a joint venture with Libya’s National Oil Corporation (NOC).

Summary: Claims arising out of the Government’s alleged failure to protect the claimant’s investment in an oil refinery since the start of the civil war in Libya in 2011, including acts and omissions by the claimant’s joint venture partner NOC. According to the claimant, the oil refinery was damaged due to occupation and misuse, and it had to cease operations in 2013.
Investments in an oil refinery in Ras Lanuf, Libya, as part of a joint venture with Libya’s National Oil Corporation (NOC). Pending Libya United Arab Emirates Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Tercier, P. - President

Pellet, A. - President (replaced)

Aynès, L. - Claimant

Kohen, M. G. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
6 2017 DP World v. Belgium DP World Limited v. Kingdom of Belgium (ICSID Case No. ARB/17/21) BLEU (Belgium-Luxembourg Economic Union) - United Arab Emirates BIT (2004) ICSID ICSID Investment: Indirect shareholding of 60 per cent in the Antwerp Gateway facility, a container terminal at the Port of Antwerp, through a local subsidiary (DP World Antwerp N.V.).

Summary:
Indirect shareholding of 60 per cent in the Antwerp Gateway facility, a container terminal at the Port of Antwerp, through a local subsidiary (DP World Antwerp N.V.). Pending Belgium United Arab Emirates Tertiary: H - Transportation and storage 52 - Warehousing and support activities for transportation Williams, D. A. R. - Claimant (replaced)

Stern, B. - Respondent

Fernández-Armesto, J. - President

Alexandrov, S. A. - Claimant
Data not available Data not available Data not available Pending None None None None None None None
7 2017 Itisaluna Iraq and others v. Iraq Itisaluna Iraq LLC, Munir Sukhtian International Investment LLC, VTEL Holdings Ltd., VTEL Middle East and Africa Limited v. Republic of Iraq (ICSID Case No. ARB/17/10) OIC Investment Agreement (1981) ICSID ICSID Investment: Licence for telecommunications services.

Summary: Claims arising out of the Government’s alleged impairment of the claimants’ rights under a telecommunications licence and subsequent non-renewal of the licence.
Licence for telecommunications services. Decided in favour of State Iraq Jordan

United Arab Emirates
Tertiary: J - Information and communication 61 - Telecommunications Bethlehem, D. - President

Peter, W. - Claimant

Stern, B. - Respondent
Data not available Data not available Full protection and security, or similar

Direct expropriation

Indirect expropriation
None - jurisdiction declined Award dated 3 April 2020 None None None None None None
8 2016 D.S. Construction v. Libya D.S. Construction FZCO v. Libya (PCA Case No. 2017-21) OIC Investment Agreement (1981) UNCITRAL PCA Investment: Contracts for 19 construction projects in Libya.

Summary: Claims arising out of the State’s acts and omissions prior to, during and after the revolution in Libya, which allegedly caused damages to the claimant’s investment.
Contracts for 19 construction projects in Libya. Data not available Libya United Arab Emirates Tertiary: F - Construction 41 - Construction of buildings Simma, B. - President

Alexandrov, S. A. - Claimant

Ziadé, N. - Respondent
525.00 mln USD Data not available Data not available Data not available Partial Award dated 15 February 2018 None Judicial review by national courts Award/decision set aside in its entirety (Judicial review by national courts) Judgment of the Paris Court of Appeal dated 23 March 2021 (French) (Judicial review by national courts)

Order of the French Court of Cassation dated 21 April 2022 (Judicial review by national courts)
None None
9 2016 RAKIA v. India Ras-AI-Khaimah Investment Authority v. India India - United Arab Emirates BIT (2013) UNCITRAL Data not available Investment: Shareholding in ANRAK Aluminium Ltd ("ANRAK"), an Indian company incorporated to establish and operate an alumina and aluminium refinery and smelter in the state of Andhra Pradesh in South India.

Summary: Claims arising out of the alleged non-fulfillment and subsequent cancellation of a memorandum of understanding signed in 2007 between the Government of the Indian state of Andhra Pradesh and the claimant. In the memorandum, the state government agreed to direct a state-owned mining company to supply bauxite to ANRAK, a company in the claimant held shares, in order for ANRAK to operate an alumina and aluminium refinery and smelter.
Shareholding in ANRAK Aluminium Ltd ("ANRAK"), an Indian company incorporated to establish and operate an alumina and aluminium refinery and smelter in the state of Andhra Pradesh in South India. Decided in favour of State India United Arab Emirates Secondary: C - Manufacturing 24 - Manufacture of basic metals Hoffmann, L. - President

Rowley, J. W. - Claimant

Prasad, C. K. - Respondent
44.71 mln USD Data not available Data not available None - jurisdiction declined Award dated 11 May 2022 None None None None None None
10 2011 National Gas v. Egypt National Gas S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/7) Egypt - United Arab Emirates BIT (1997) ICSID ICSID Investment: Right to arbitrate under a concession agreement concluded between claimant (allegedly owned by a UAE company) and Egypt's national oil company.

Summary: Claims arising out of the decision by Cairo Court of Appeal to set aside a commercial arbitration award rendered in favour of National Gas against the state-owned Egyptian General Petroleum Company under a gas pipelines construction and operation agreement, on the alleged basis that the arbitration clause in the concession agreement had not been approved by the competent authorities as required by Egyptian law.
Right to arbitrate under a concession agreement concluded between claimant (allegedly owned by a UAE company) and Egypt's national oil company. Decided in favour of State Egypt United Arab Emirates Tertiary: H - Transportation and storage 49 - Land transport and transport via pipelines Veeder, V. V. - President

Fortier, L. Y. - Claimant

Stern, B. - Respondent
36.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Award dated 3 April 2014 None None None None None None
11 2011 Sajwani v. Egypt Hussain Sajwani, Damac Park Avenue for Real Estate Development S.A.E., and Damac Gamsha Bay for Development S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/16) Egypt - United Arab Emirates BIT (1997) ICSID ICSID Investment: Ownership of 30 square kilometers of land near the Red Sea for a property development project.

Summary: Claims arising out of the Government's conviction of Mr. Sajwani and of Egypt's tourism minister on grounds of corruption concerning the investor's acquisition of land in Gamsha Bay for the development of a residential complex.
Ownership of 30 square kilometers of land near the Red Sea for a property development project. Settled Egypt United Arab Emirates Tertiary: L - Real estate activities 68 - Real estate activities Tercier, P. - President

Price, D. M. - Claimant

Landau, T. - 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 issued by the Tribunal dated 10 September 2014, pursuant to ICSID Arbitration Rule 44 None None None None None None
12 2009 MTN v. Yemen MTN (Dubai) Limited and MTN Yemen for Mobile Telephones v. Republic of Yemen (ICSID Case No. ARB/09/7) United Arab Emirates - Yemen BIT (2001) ICSID ICSID Investment: Data not available

Summary: Claims arising out of alleged discriminatory treatment by the Government in favour of the State-controlled mobile phone operator Yemen Mobile and Yemen's alleged refusal to grant claimants exemptions on profits' tax and customs duties on machinery and equipment transported into the country, in connection with the operation of a system for mobile communications (GSM) network in which the claimants had invested.
Data not available Settled Yemen United Arab Emirates Tertiary: J - Information and communication 61 - Telecommunications Lalonde, M. - President

Price, D. M. - Claimant

Legum, B. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Award embodying the parties' settlement agreement dated 25 June 2010 None None None None None None