Orascom TMT Investments S.ŕ r.l. v. People's Democratic Republic of Algeria - ICSID Case No. ARB/12/35 - Decision on Annulment - English - 17 September 2020
Country
Year
2020
Summary
Reproduced from www.worldbank.org/icsid with permission of ICSID. (Document, does not apply to summary and/or TDM IACL Case Report below).
Case Report (free download)
Case Report by Aikaterini Strantzali, Editor Ignacio Torterola
Summary
Following the 2017 Award in Orascom TMT Investments v. People's Democratic Republic of Algeria, OTMTI initiated annulment proceedings under Article 52 of the ICSID Convention for its partial annulment. OTMTI argued that the Tribunal had seriously departed from fundamental rules of procedure, manifestly exceeded its powers and failed to state reasons upon which the Award had been based. These three reasons were raised in twin combinations with respect to the Tribunal's acceptance of the, allegedly, untimely raised objections, its holding that OTMTI's right to arbitrate had been extinguished given both OTH's (Orascom Telecom Holding S.A.E.) filing of a notice of dispute and the subsequent settlement in that arbitration and its dismissal of the Claimant's claims on the basis of abuse of rights. The ad hoc Committee denied OTMTI's request for partial annulment in its entirety.
Main issues
Annulment proceedings - Serious departure from a fundamental rule of procedure - Manifest excess of powers - Failure to state reasons - Admissibility of claims - Abuse of rights - Multiple proceedings brought by one controlling shareholder of entities belonging to the same vertical corporate chain.
Case report provided by International Arbitration Case Law (IACL)
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