Ethiopia

Ethiopia

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 2017 ICL Europe v. Ethiopia ICL Europe Coöperatief U.A. v. Ethiopia (PCA Case No. 2017-26) Ethiopia - Netherlands BIT (2003) UNCITRAL PCA Investment: Investments in a potash mining project through indirect subsidiary Allana Potash Afar Plc (“Allana Potash”), which held mining concessions for the Danakil mine in Ethiopia’s Afar region.

Summary: Claims arising out of the State’s imposition of an allegedly illegal tax assessment on the claimant’s indirect subsidiary, Allana Potash, and failure to provide infrastructure support for a large-scale potash mining project in northern Ethiopia.
Investments in a potash mining project through indirect subsidiary Allana Potash Afar Plc (“Allana Potash”), which held mining concessions for the Danakil mine in Ethiopia’s Afar region. Decided in favour of State Ethiopia Netherlands Primary: B - Mining and quarrying 8 - Other mining and quarrying Donoghue, J. E. - President

Caron, D. D. - Respondent (replaced)

Murphy, S. D. - Respondent

Smit, R. H. - Claimant
200.00 mln USD 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 Award dated 9 July 2021 None None None None None None
2 2007 CIM v. Ethiopia Compagnie International de Maintenance (CIM) v. Ethiopia Ethiopia - France BIT (2003) UNCITRAL None Investment: Claims to money under an ICC arbitral award rendered in claimant's favour and/or out of a contract concluded between the investor and a partly Ethiopian-owned enterprise for the upkeep and maintenance of a rail track in Ethiopia.

Summary: Claims arising out of the investor's failure to enforce an ICC arbitral award in Ethiopian courts relating to outstanding payments for equipment delivered by the claimant under a railroad maintenance contract concluded with a partly Ethiopian-owned enterprise, Chemin de Fer Djibouti-Ethiopien.
Claims to money under an ICC arbitral award rendered in claimant's favour and/or out of a contract concluded between the investor and a partly Ethiopian-owned enterprise for the upkeep and maintenance of a rail track in Ethiopia. Decided in favour of State Ethiopia France Tertiary: H - Transportation and storage 49 - Land transport and transport via pipelines Silva Romero, E. - President

Duprey, P. - Claimant

Wetmore, T. - Respondent
7.60 mln FRF (1.00 mln USD) Data not available Data not available None - jurisdiction declined Award issued in 2009 (not public) None Data not available Data not available Data not available Data not available Data not available