National Gas S.A.E. v. Arab Republic of Egypt, ICSID Case No. ARB/11/7, Award (April 3, 2014)
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.2
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.