EMG v. EGAS, EGPC and IEC

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Case Details

Year of Filing: 2011

Case Status: Arbitral Phase Concluded

Claimant(s): East Mediterranean Gas S.A.E.

Respondent(s): Egyptian Natural Gas Holding Company, Egyptian General Petroleum Corporation, Israel Electric Corporation Ltd.

Arbitral Rules: ICC

Legal Instrument: Contract

Administrative Case Number: ICC Case No. 18215/GZ/MHM

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Armesto-chaired tribunal saw no abuse of process by claimant in Egypt-Israel Peace Pipeline project, and no due process failure because Egyptian parties needed to fend off claims from two different entities in one ICC arbitration Dec 7, 2018

In award, ICC tribunal sees no proof of corruption in cross-border energy pact, and dismisses force majeure defence raised by state-owned companies Dec 7, 2018

ICC Tribunal finds that international agreement includes an implicit good faith obligation; DCF damages analysis of cross-border pipeline dispute assesses country risk of two jurisdictions Dec 7, 2018

In new Israel-Egypt pipeline rulings, McRae-chaired tribunal finds BIT breaches, and Collins-chaired contract tribunal orders Egyptian state-owned companies to pay $1 billion to investor Feb 7, 2018

Fernandez-Armesto-chaired ICC tribunal finds $2 billion damages in Egyptian gas case, with other claims – including treaty cases – still pending Dec 7, 2015