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Contract termination found legal under domestic law
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Claimant had no treaty claims that pass the prima facie test; umbrella clause incapable of transforming contractual claims into BIT claims
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Supply contract for phosphate mining project quickly stirs up trouble; Egypt’s refusal to release letters of guarantee leads to ICSID claim
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Bank guarantees not deemed investment under BIT
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ICSID Convention provides outer limit for definition of investment; Tribunal looks to “Salini criteria” in finding that bank guarantee once more fails to qualify
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Tribunal confirms validity of contractual choice of forum, records Egypt’s assurances to respect UNICTRAL arbitration in award
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Under the circumstances, tribunal sees fit to go beyond prima facie assessment of Joy Mining’s claims at jurisdictional stage
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Egypt fails to make out corruption case
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On quantum, DCF is discounted as too speculative
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Objection to the state’s responsibility is not the same as saying there is no dispute
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No departure from a fundamental rule of procedure
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“Failure to state reasons” entails only a “minimum requirement” of reasoning
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Decision to compensate affiliate and subsidiaries stands
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The law governing the investment need not be the one of the arbitration
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Claimant asks for interpretation as Egypt-owned entity refuses to turn the page
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Tribunal interprets “article 25(2)(b)” BIT clause
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First ever ICSID request for interpretation
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Annulment committee orders Egypt to post a guarantee
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Time-bar under domestic law not a hurdle
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Egypt also unlawfully expropriated the claimant’s investment
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Egypt’s conduct breached FET, FPS standards
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Committee members differ on costs apportionment
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No breach of a fundamental rule of procedure
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Committee should go beyond apparent contradiction and seek to follow the logic of the reasoning
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