International Centre for Settlement of Investment Disputes - Law Assignment Help

Assignment Task

PART I: THE ARBITRATION
1. The Parties’ Dispute: This arbitration concerns a claim submitted by the Claimant to the International Centre for Settlement of Investment Disputes (“ICSID” or the “Centre”) on the basis of

(i) the Treaty between the Arab Republic of Egypt and the United Arab Emirates (“the UAE”) on the Encouragement, Protection and Guarantee of Investments signed on 11 May 1997 (the “Treaty”), which entered into force on 11 January 1999, and
(ii) the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”), which entered into force on 14 October 1966.
2. The claim relates to the alleged expropriation “through denial of justice and abuse of process”1 of (i) the Claimant’s right to arbitrate and (ii) the award rendered under the auspices of the Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) in relation to a contractual dispute between the Claimant and the Egyptian
General Petroleum Corporation (“EGPC”) arising out of the Concession Agreement entered into by the Claimant and EGPC on 6 January 1999.
3. The Parties: The Claimant is National Gas S.A.E. (“National Gas” or the “Claimant”). National Gas is a private joint stock company incorporated under the laws of the Arab Republic of Egypt.
4. The Respondent is the Arab Republic of Egypt (“Egypt” or the “Respondent”).
5. The Claimant’s and the Respondent’s respective representatives and their addresses are listed above.
6. Both Egypt and the United Arab Emirates (“UAE”) are Contracting States to the ICSID Convention, the former since 1972 and the latter since 1982. The UAE is not a party to this arbitration.
7. CTIP Oil & Gas International Limited (“CTIP”) is a juridical person incorporated under the laws of the UAE in the Jebel Ali free zone of Dubai, UAE. From 2006 onwards, CTIP has owned 90% of the shares in the Claimant. CTIP was and remains wholly owned by another juridical person incorporated under the laws of the UAE in the Jebel Ali free zone of Dubai, UAE, known in this arbitration as “REGI”. REGI was and remains wholly owned by Mr. Reda Ginena. CTIP, REGI and Mr. Ginena are not parties to this arbitration.
8. Procedure: On 14 February 2011, ICSID received a request for arbitration dated
9 February 2011, from National Gas as the Claimant against Egypt as the Respondent (the “Request”).
9. On 22 March 2011, the Secretary-General of ICSID registered the Request, as supplemented by the Claimant’s letter of 20 March 2011, in accordance with Article 36(3)
of the ICSID Convention and notified the Parties of the registration. In the Notice of Registration, the Secretary-General invited the Parties to proceed to constitute a Tribunal as soon as possible in accordance with Rule 7(d) of the Centre’s Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings.
10. Following an extensive exchange of correspondence between the Parties and the Centre,3 the Parties’ agreement on the method of constituting the Tribunal was confirmed on
14 November 2011 in the following terms, in accordance with Article 37(2)(a) of the ICSID Convention: “The Tribunal shall consist of three arbitrators, one appointed by each Party and the third, who shall be President of the Tribunal, appointed by agreement of the Parties by November 30, 2011”.

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