Algeria

Algeria

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 Qalaa and ASEC v. Algeria Qalaa Holdings and ASEC Cement v. People's Democratic Republic of Algeria Algeria - Egypt BIT (1997) Ad hoc PCA Investment: Concessions related to a cement plant project in Djelfa and participation rights in a cement plant in Zahana.

Summary: Claims arising out of Government authorities’ measures related to the claimants’ cement plant projects in Djelfa and Zahana that allegedly led to the impairment of the claimants’ projects and the forced sale of a local subsidiary.
Concessions related to a cement plant project in Djelfa and participation rights in a cement plant in Zahana. Pending Algeria Egypt Tertiary: F - Construction

Secondary: C - Manufacturing
42 - Civil engineering

23 - Manufacture of other non-metallic mineral products
Kaufmann-Kohler, G. - President

Park, W. W. - Claimant

Malintoppi, L. - Respondent
900.00 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 Data not available Data not available None None None None None
2 2020 United Agencies v. Algeria United Agencies Limited SA v. People’s Democratic Republic of Algeria (ICSID Case No. ARB/20/1) Algeria - Switzerland BIT (2004) ICSID ICSID Investment:

Summary:
Pending Algeria Switzerland Data not available Data not available Hanotiau, B. - President

Patocchi, P. M. - Claimant

Bencheneb, A. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
3 2018 SAUR and STEREAU v. Algeria SAUR and STEREAU v. People’s Democratic Republic of Algeria (ICSID Case No. ARB/18/44) Algeria - France BIT (1993) ICSID ICSID Investment:

Summary:
Discontinued Algeria France Tertiary: E - Water supply; sewerage, waste management and remediation activities 36 - Water collection, treatment and supply Malintoppi, L. - President

Alexandrov, S. A. - Claimant

Hafez, K. - 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 44 dated 7 February 2020 None None None None None None
4 2017 Consutel v. Algeria Consutel Group S.p.A. in liquidazione v. People's Democratic Republic of Algeria (PCA No. 2017-33) Algeria - Italy BIT (1991) UNCITRAL PCA Investment: Majority shareholding of 98,4% in Spec-Com Algérie (“Spec-Com“), a local telecommunications company.

Summary: Claims arising out of the alleged actions and omissions of state-owned Algérie Télécom related to a partnership agreement concluded with the claimant’s local subsidiary, Spec-Com, for a fiber-optic telecommunications project.
Majority shareholding of 98,4% in Spec-Com Algérie (“Spec-Com“), a local telecommunications company. Decided in favour of State Algeria Italy Tertiary: J - Information and communication 61 - Telecommunications Mourre, A. - President

Tanzi, A. M. - Claimant

Haroun, M. A. - Respondent (replaced)

Mahiou, A. - Respondent
Data not available Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - all claims dismissed at the merits stage Final Award dated 3 February 2020 None None None None None None
5 2017 Ortiz v. Algeria Ortiz Construcciones y Proyectos S.A. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/17/1) Algeria - Spain BIT (1994) ICSID ICSID Investment: Investments in the construction of social housing units in Algeria.

Summary: Claims arising out of the alleged refusal of Algerian authorities to award investor’s joint venture company procurement contracts for the construction and sale of 5,000 housing units.
Investments in the construction of social housing units in Algeria. Decided in favour of State Algeria Spain Tertiary: F - Construction 41 - Construction of buildings Lévy, L. - President

Fortier, L. Y. - Claimant

Hanotiau, B. - Respondent
46.30 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Umbrella clause
None - all claims dismissed at the merits stage Award dated 29 April 2020 None None None None None None
6 2012 Gelsenwasser v. Algeria Gelsenwasser AG v. People's Democratic Republic of Algeria (ICSID Case No. ARB/12/32) Algeria - Germany BIT (1996) ICSID ICSID Investment: Rights under a water management contract entered into with the Algerian Government.

Summary: Claims arising out of the early termination of claimant's water management contract by the Government due to an alleged lack of progress in the firm's investment programme.
Rights under a water management contract entered into with the Algerian Government. Discontinued Algeria Germany Tertiary: E - Water supply; sewerage, waste management and remediation activities 36 - Water collection, treatment and supply Tribunal not constituted 23.00 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 issued by the Secretary-General dated 27 February 2015, pursuant to ICSID Arbitration Rule 43(1) None None None None None None
7 2012 Orascom v. Algeria Orascom TMT Investments S.à r.l. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/12/35) Algeria - BLEU (Belgium-Luxembourg Economic Union) BIT (1991) ICSID ICSID Investment: Indirect interest in the Algerian telecommunications company Djezzy, through a minority shareholding in Djeezy's controlling entity.

Summary: Claims arising out of an alleged campaign of interference and harassment by the Government against the local telecommunications company in which the claimant had invested, including tax reassessments and an attempted forced sale of part of the company to Algeria.
Indirect interest in the Algerian telecommunications company Djezzy, through a minority shareholding in Djeezy's controlling entity. Decided in favour of State Algeria Luxembourg Tertiary: J - Information and communication 61 - Telecommunications Kaufmann-Kohler, G. - President

van den Berg, A. J. - Claimant

Stern, B. - Respondent
4000.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims None - jurisdiction declined Award dated 31 May 2017 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 17 September 2020 (English) (ICSID annulment proceedings)

Decision on Annulment dated 17 September 2020 (French) (ICSID annulment proceedings)
None Tomka, P. - President

Cooper-Rousseau, B. - Member

Sachs, K. - Member
8 2012 OTH v. Algeria Orascom Telecom Holding S.A.E v. People’s Democratic Republic of Algeria (PCA Case No. 2012-20) Algeria - Egypt BIT (1997) UNCITRAL PCA Investment: Shareholding in the telecommunications company Orascom Telecom Algeria.

Summary: Claims arising out of a series of alleged Government measures against Orascom, including a court judgment against it imposing a fine of approximately USD 1.3 billion and a criminal sentence against a member of OTA’s senior executive team.
Shareholding in the telecommunications company Orascom Telecom Algeria. Settled Algeria Egypt Tertiary: J - Information and communication 61 - Telecommunications Cremades, B. M. - President

Fortier, L. Y. - Claimant

Dupuy, P.-M. - Respondent
15000.00 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Award on Agreed Terms dated 12 March 2015 None None None None None None
9 2009 Mærsk v. Algeria Mærsk Olie, Algeriet A/S v. People's Democratic Republic of Algeria (ICSID Case No. ARB/09/14) Algeria - Denmark BIT (1999) ICSID ICSID Investment: Wholly-owned subsidiary of the oil production A.P. Moller - Maersk Group holding rights in several Algerian blocks under certain production sharing contract concluded with Algeria's national oil company for the exploration and production of liquid hydrocarbons.

Summary: Claims arising out of the Government's imposition of a windfall tax collected by the Algerian national oil company, Sonatrach S.P.A., which allegedly contravened the terms of a production sharing contract previously concluded between the investor and Sonatrach.
Wholly-owned subsidiary of the oil production A.P. Moller - Maersk Group holding rights in several Algerian blocks under certain production sharing contract concluded with Algeria's national oil company for the exploration and production of liquid hydrocarbons. Settled Algeria Denmark Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Kaufmann-Kohler, G. - President

Williams, D. A. R. - Claimant

Hossain, K. - Respondent
3000.00 mln USD 920.00 mln USD 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 30 September 2013, pursuant to ICSID Arbitration Rule 43(1) None None None None None None
10 2005 LESI v. Algeria LESI, S.p.A. and Astaldi, S.p.A. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/05/3) Algeria - Italy BIT (1991) ICSID ICSID Investment: Rights under a contract for the construction of a dam.

Summary: Claims arising out of Algeria's civil unrest and violence during the mid-1990s, which affected a public tender awarded to the claimant for the construction of a dam which would provide drinking water to the city of Algiers.
Rights under a contract for the construction of a dam. Decided in favour of State Algeria Italy Tertiary: F - Construction 42 - Civil engineering Tercier, P. - President

Hanotiau, B. - Claimant

Gaillard, E. - Respondent
Data not available Data not available Indirect expropriation

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

Full protection and security, or similar
None - all claims dismissed at the merits stage Decision on Jurisdiction dated 12 July 2006

Award dated 12 November 2008
None None None None None None
11 2003 L.E.S.I. v. Algeria Consortium Groupement L.E.S.I. - DIPENTA v. People's Democratic Republic of Algeria (ICSID Case No. ARB/03/8) Algeria - Italy BIT (1991) ICSID ICSID Investment: Rights under a contract entered into with certain State entity for the construction of a dam.

Summary: Claims arising out of the termination of a contract entered into between the claimants and the Agence Nationale des Barrages (ANB), a State entity, for the construction of a dam in the region of Wilaya of Bouira, Algeria.
Rights under a contract entered into with certain State entity for the construction of a dam. Decided in favour of State Algeria Italy Tertiary: F - Construction 42 - Civil engineering Tercier, P. - President

Faures, A. - Claimant

Gaillard, E. - Respondent
115.00 mln EUR (124.00 mln USD) Data not available Indirect expropriation

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award dated 10 January 2005 None None None None None None