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Tribunal rules on applicable law and mode of interpretation for jurisdictional questions
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ICC award is set aside in France, but pronounced enforceable in The Netherlands
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Egypt’s foreign investment law is found applicable to the dispute
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Tribunal refuses request to incorporate findings of ICC tribunal into decision
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Tribunal envisages complementary role for international law, and applies international attribution rules for ultra vires conduct
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Claimants’ alleged lack of capacity to complete project unsubstantiated
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Mitigating factors and counterclaim dismissed
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Tribunal awards simple interest and adjusts compensation upwards for currency devaluation
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Tribunal finds discounted cashflow method inapplicable to valuation, awards damages based on out-of-pocket expenses and loss of opportunity
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Egypt’s admissibility objection rejected
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Egypt’s foreign investment law found to contain consent to ICSID jurisdiction
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No inadequacies with claimants’ consent to ICSID arbitration
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For reasons of judicial comity, tribunal defers deciding whether Egypt’s foreign investment law confers jurisdiction and stays proceedings
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Change of location and alleged illegalities of no relevance
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UNESCO Convention plays significant role in dispute, but does not absolve Egypt of responsibility
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Respondent’s measures constitute compensable taking; no obligation for claimants to accept modification of contract
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No impermissible activities imputable to claimants
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