Oded Besserglik v Republic of Mozambique - ICSID Case No. ARB(AF)/14/2 - Award of the Tribunal - 28 October 2019
Reproduced from www.worldbank.org/icsid with permission of ICSID.
I. INTRODUCTION AND PARTIES
1. This case concerns a dispute submitted to the International Centre for Settlement of Investment Disputes ("ICSID" or the "Centre") under the Additional Facility Rules on the basis of the Agreement Between the Government of the Republic of South Africa and the Government of the Republic of Mozambique for the Promotion and Reciprocal Protection of Investments, signed on May 6, 1997 (the "BIT" or "Treaty") and the Republic of Mozambique Law No. 3/93 (the "Mozambique Investment Law" or "MIL").
2. Claimant is Mr. Oded Besserglik ("Mr. Besserglik" or "Claimant"), a natural person having the nationality of the Republic of South Africa.
3. Respondent is the Republic of Mozambique ("Mozambique" or "Respondent").
4. Claimant and Respondent are collectively referred to as the "Parties." The Parties' representatives and their addresses are listed above on page (i).
5. This dispute relates to Mr. Besserglik's interests in contractual arrangements with two Mozambican State-owned entities—Empresa Mozambiciana de Pescas EE ("Emopesca") and Sulpesca Lda ("Sulpesca")—for the conduct of a joint fishing venture in Mozambique.
For the reasons set forth above, the Tribunal decides as follows:
(1) That the Tribunal has no jurisdiction in the matter, the Motion to Dismiss is, therefore, accepted and Claimant's claim dismissed.
(2) Each party will bear its own legal costs and the administrative costs will be shared by them equally.
 BIT (CL-0003 / RL-0077).
 Mozambique Investment Law (CL-0004).