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 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. Pending 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 Pending None None None None None None None
2 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:
Pending United Arab Emirates Turkey Tertiary: F - Construction 42 - Civil engineering Data not available Data not available Data not available Data not available Pending None None None None None None None
3 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
4 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 Name not available - President

Poncet, C. - 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 2019 Trasta v. Libya Trasta Energy Limited v. The State of Libya OIC Investment Agreement (1981) UNCITRAL None 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 Name not available - President

Aynès, L. - Claimant

Name not available - Respondent
Data not available Data not available Data not available Pending None None None None None None None
3 2018 Alcor v. Czech Republic Alcor Holdings Ltd. v. The Czech Republic (PCA Case No. 2018-45) Czech Republic - United Arab Emirates BIT (1994) UNCITRAL PCA Investment:

Summary: Claims arising out of the alleged refusal of the City of Prague to conclude a lease agreement with the claimant.
Pending Czechia United Arab Emirates Data not available Data not available Greenwood, C. - President

Wilmot-Smith, R. - Claimant

McRae, D. M. - Respondent
483.00 mln CZK (22.60 mln USD) Data not available Data not available Pending None None None None None None None
4 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. Pending 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 Data not available Pending None None None None None None None
5 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
6 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)

Iraq - Japan BIT (2012)
ICSID ICSID Investment:

Summary:
Pending 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 Data not available Pending None None None None None None None
7 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. Pending Libya United Arab Emirates Data not available Data not available Simma, B. - President

Alexandrov, S. A. - Claimant

Ziadé, N. - Respondent
525.00 mln USD Data not available Data not available Pending None None None None None None None
8 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. Pending 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 Pending None None None None None None None
9 2016 Strategic Infrasol and Thakur Family Trust v. India Strategic Infrasol Foodstuff LLC and The Joint Venture of Thakur Family Trust, UAE with Ace Hospitality Management DMCC, UAE v. India India - United Arab Emirates BIT (2013) UNCITRAL Data not available Investment: Investments in two real estate projects in Mumbai.

Summary: Claims arising out of the Government’s alleged non-investigation of allegations of forgery and criminal actions by the Indian construction company Shapoorji Pallonji Group. According to the claimants, the latter was initially the claimants’ co-developer of two real estate projects in Mumbai and then allegedly used forged documents to “maliciously” acquire control of the projects. Challenged measures also include the Government’s alleged seizure and confiscation of claimants’ bank deposits pursuant to a court order made against the claimants under money laundering legislation.
Investments in two real estate projects in Mumbai. Pending India United Arab Emirates Tertiary: L - Real estate activities 68 - Real estate activities Data not available Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation

Full protection and security, or similar

Customary rules of international law
Pending None 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