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Investment Dispute Settlement Navigator

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methodology

About

The UNCTAD Investment Dispute Settlement Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases.

General disclaimer

The Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive.

While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. UNCTAD assumes no responsibility for eventual errors or omissions in these data.

We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. Please contact us using the online contact form.

Cases included in the Navigator

A case is included in the Navigator if it is:

  • an international arbitration between an investor and a State;
  • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation);
  • submitted to arbitration through a notice of arbitration or a request for arbitration, and upon registration of such request if applicable (not included are cases where a disputing party has only notified the other party of the existence of a dispute or signalled its intention to submit a claim, but has not yet commenced the arbitration).

Sources of information and frequency of updating

The information included in the Navigator is collected from publicly available sources. Primary sources (i.e. official documents relating to the case and information provided by the administering institutions) are the main and preferred source of information. Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable.

The Navigator is updated on a regular, typically biannual, basis. The date of the last update is displayed on the Navigator’s home page.

Methodological notes for the recording of data

Case name

Full case name is recorded as it appears in the official case documents and as it is registered at the administering institution if applicable. If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first claimant followed by the words “and others”.

Short case name is ascribed by UNCTAD. Typically it is the first word of a corporate claimant’s name, an abbreviation of the corporate claimant’s name, or the last name of a natural-person claimant “v.” the short version of the respondent State’s name.

If the Navigator includes more than one case with the exact same name, then “(I)” is added to the case name of the earlier case, and a “(II)”, “(III)”, etc. is added to the name of each subsequent case.

Year of initiation

This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. For arbitrations brought under the ICSID Convention Arbitration Rules or ICSID Additional Facilities (AF) Rules, the year in which the claim was registered by ICSID is used.

Applicable IIA

This is the IIA(s) pursuant to which the claimant initiated the arbitral proceedings.

Arbitral rules

These are the arbitral rules in accordance with which the proceedings are conducted. Proceedings that are not subject to any existing set of arbitral rules, i.e. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”.

Administering institution

This is the institution that provides administrative support for the arbitral proceedings. When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. SCC or ICC), the relevant institution administers that case. In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. PCA). Proceedings may also be conducted without being administered by any institution.

Common abbreviations for administering institutions:

CRCICACairo Regional Centre for International Commercial Arbitration
ICCInternational Chamber of Commerce (International Court of Arbitration)
ICSIDInternational Centre for Settlement of Investment Disputes
LCIALondon Court of International Arbitration
MCCIMoscow Chamber of Commerce and Industry
PCAPermanent Court of Arbitration
SCCStockholm Chamber of Commerce (Arbitration Institute)

Details of investment and summary of the dispute

The details of investment are presented as argued by the claimant, unless otherwise expressly identified by an arbitral tribunal in its decisions or awards.

The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant.

Economic sector and subsector

This refers to the economic sector to which the investment at issue allegedly belongs. The structure of economic activities follows the International Standard Industrial Classification of All Economic Activities, Rev.4 (UN ISIC Rev.4).

Status/Outcome of original proceedings

This refers to the current status of the original arbitration proceedings.

  • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA.
  • Decided in favour of investor: the tribunal found that the respondent State committed one or more breaches of the applicable IIA and awarded monetary compensation or non-pecuniary relief to the claimant investor.
  • Decided in favour of neither party (liability found but no damages awarded): the arbitral tribunal found that the respondent State committed one or more breaches of the applicable IIA but did not award monetary compensation or non-pecuniary relief to the claimant investor.
  • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason.
  • Pending: the arbitration proceedings are pending. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet.
    Notes:
    • The Navigator only records treaty-based disputes or treaty-based aspects of "mixed" disputes. In treaty-based cases that are simultaneously contract-based or based on national investment law ("mixed" disputes), a case is deemed concluded (for purposes of the Navigator) if the tribunal dismissed the case on jurisdiction or finds no breach of the IIA, even if it proceeds to adjudicate the contract- or statutory-based claims.
    • Cases in which a final award has been rendered but which are later subject to follow-on (post-award) proceedings (e.g. ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).
  • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. This includes discontinuance as a result of non-payment of arbitration fees, in order to pursue litigation in another forum, or for any other reason (including for unknown reasons).

Arbitral decisions rendered

These are decisions rendered by an arbitral tribunal. Included are those decisions that concern the substance of the case and affect the final outcome. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. Discontinuance orders and settlement agreements are also recorded if such information is available.

Not included are any other (supplementary) arbitral decisions, e.g. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. Similarly, procedural orders issued by arbitral tribunals are not included. To access a full list of documentation available with respect to a case, users are invited to use (i) the link to the case page on http://italaw.com, and/or (ii) links to the websites of governments and/or arbitral institutions provided in the “Additional information” section.

Amounts claimed and awarded

Amount claimed refers to the amount of monetary compensation claimed by the investor, not including interest, legal costs or costs of arbitration.

Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration.

For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section.

Amounts are recorded in the currency used by the claimant/tribunal. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list.

To enable comparisons between cases, all amounts are also converted to US dollars. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. the date in which the request for arbitration containing this amount was submitted or the date of the final award).

Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. Otherwise, it is derived from other publicly available sources that are deemed reliable. In some cases, the approximate amount may be recorded to give a broad indication of the dispute’s magnitude. As a general rule, a rounded figure (to the nearest hundred thousand) of the amount claimed or awarded is provided.

If the claimant provides more than one valuation of damages claimed, the highest of these amounts is recorded.

IIA breaches alleged and found

Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable.

Information about breaches found is primarily derived from the arbitral decisions. When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable.

Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings.

Composition of tribunal

These are individuals who serve as members of the arbitral tribunal adjudicating the dispute (arbitrators).

The disputing party (i.e. claimant or respondent) that appointed a particular arbitrator is also recorded insofar as information is available. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction).

In case an arbitrator has been replaced by another individual (e.g. as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded.

Follow-on (post-award) proceedings

Follow-on (post-award) proceedings include three types of legal proceedings:

  • ICSID annulment proceedings;
  • Judicial review by national courts (set-aside proceedings); and
  • ICSID resubmission proceedings.

Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. ICSID annulment proceeding), the status of the case is marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).

Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded.

The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded.

Link to Italaw’s case page

The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. It makes available not only the main arbitral decisions, but also procedural orders, parties’ submissions, expert opinions and other types of documents.

A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand.

Additional information

This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources.

Number of cases as respondent State
1 60
Updated as of 31 December 2017

Libya - as respondent State

Clear selection
Loaded 11 out of 11 Show all
No. Year of
initiation
Short case
name
Summary Outcome of
original proceedings
Respondent
State
Home State
of investor
1 2017 Ustay v. Libya Ustay Yapi Taahhut ve Ticaret AS v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction 42 - Civil engineering Brower, C. N. - Claimant

Vinuesa, R. E. - Respondent

Cheng, T. - President
Data not available Data not available Data not available Pending None None None None None None None
2 2016 Cengiz v. Libya Cengiz İnşaat Sanayi ve Ticaret A.S v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Data not available Data not available Fernández-Armesto, J. - President

Mayer, P. - Claimant

Khairallah, G. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
3 2016 D.S. Construction v. Libya D.S. Construction FZCO v. Libya OIC Investment Agreement (1981) UNCITRAL None Investment: Contracts for 19 construction projects in Libya.

Summary: Claims arising out of the State’s acts and omissions prior to, during and after the revolution in Libya, which allegedly caused damages to the claimant’s investment.
Contracts for 19 construction projects in Libya. Pending Libya United Arab Emirates Data not available Data not available Simma, B. - President

Alexandrov, S. A. - Claimant

Ziadé, N. - Respondent
525.00 mln USD Data not available Data not available Pending None None None None None None None
4 2016 Etrak v. Libya Etrak İnşaat Taahut ve Ticaret Anonim Sirketi v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Data not available Data not available Hobér, K. - President

Townsend, J. M. - Claimant

Kalicki, J. E. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
5 2016 Güriş v. Libya Güriş İnşaat ve Mühendislik A.Ş. v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction 41 - Construction of buildings Tercier, P. - President

Sachs, K. - Claimant

Landau, T. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
6 2016 Nurol v. Libya Nurol İnşaat ve Ticaret A.Ş. v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction

Tertiary: F - Construction
41 - Construction of buildings

42 - Civil engineering
Drymer, S. L. - President

Park, W. W. - Claimant

Boisson de Chazournes, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
7 2015 Strabag v. Libya Strabag SE v. Libya (ICSID Case No. ARB(AF)/15/1) Austria - Libya BIT (2002) ICSID AF ICSID Investment:

Summary: Claims arising out of alleged non-payment for services under contracts entered into prior to the revolution in Libya and damages for the alleged theft of equipment post-revolution.
Pending Libya Austria Tertiary: F - Construction 42 - Civil engineering Crivellaro, A. - Claimant

Ziadé, N. - Respondent

Crook, J. R. - President
80.00 mln USD Data not available Data not available Pending None None None None None None None
8 2015 Tekfen and TML v. Libya Tekfen, TML, Tekfen-TML joint venture v. Libya Libya - Turkey BIT (2009) ICC ICC Investment: Investments in the construction of a large water pipeline network undertaken by the joint venture Tekfen TML JV.

Summary: Claims arising out of the suspension of operations of the claimants’ joint venture Tekfen TML JV related to the Great Man Made River project, in which Tekfen TML JV was involved since 2006 as a contractor of the Libyan Man-Made River Authority, and the evacuation of its work sites owing to civil unrest and to adverse developments in Libya since February 2011.
Investments in the construction of a large water pipeline network undertaken by the joint venture Tekfen TML JV. Pending Libya Turkey Tertiary: F - Construction 42 - Civil engineering Rowley, J. W. - President

Born, G. B. - Claimant

Kaufmann-Kohler, G. - Respondent
184.50 mln EUR (201.60 mln USD) Data not available Data not available Pending Data not available Data not available None None None None None
9 2014 Olin v. Libya Olin Holdings v. Libya Cyprus - Libya BIT (2004) ICC ICC Investment: Investments in a dairy factory.

Summary: Claims arising out of the alleged expropriation of the claimant’s dairy factory.
Investments in a dairy factory. Pending Libya Cyprus Secondary: C - Manufacturing 10 - Manufacture of food products Comair-Obeid, N. - President

Ziadé, N. - Claimant

Fadlallah, I. - Respondent
162.90 mln USD Data not available Data not available Pending Data not available Data not available None None None None None
10 2011 Al-Kharafi v. Libya and others Mohamed Abdulmohsen Al-Kharafi & Sons Co. v. Libya and others Arab Investment Agreement (1980) Ad hoc CRCICA Investment: Rights under a lease agreement for the establishment of a tourism project concluded with the Tourism Development Authority.

Summary: Claims arising out of the issuance of a decision by the Libyan Minister of Industry, Economy and Trade by virtue of which a licence previously granted to the claimant for the establishment of a touristic investment project in Tripoli, Libya, was annulled.
Rights under a lease agreement for the establishment of a tourism project concluded with the Tourism Development Authority. Decided in favour of investor Libya Kuwait Tertiary: L - Real estate activities 68 - Real estate activities El-Ahdab, A. H. - President

Fawzi, I. - Claimant

El-Kamoudi El-Hafi, M. - Respondent
1144.90 mln USD 935.00 mln USD Arbitrary, unreasonable and/or discriminatory measures

Other
Arbitrary, unreasonable and/or discriminatory measures Final Arbitral Award dated 22 March 2013 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the Arab Investment Court dated 12 June 2014 (Judicial review by national courts)

Judgment of the Paris Court of Appeal dated 28 October 2014 (Judicial review by national courts)
None None
11 2008 Intersema Bau v. Libya Intersema Bau AG v. Libya Libya - Switzerland BIT (2003) UNCITRAL Data not available Investment: Several construction contracts with a Libyan municipal authority.

Summary: Claims arising out of the Government’s alleged failure to uphold the terms of a 2005 settlement agreement between the claimant and the Government related to construction contracts for road, water, sewage and lighting infrastructure, including the non-payment of CHF 13 million of the 31 million settlement sum.
Several construction contracts with a Libyan municipal authority. Decided in favour of investor Libya Switzerland Tertiary: F - Construction 42 - Civil engineering Bernardini, P. - President

Heiskanen, V. - Claimant

Poncet, I. - Respondent
140.00 mln CHF (135.40 mln USD) 13.00 mln CHF (12.60 mln USD) Umbrella clause

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Award dated January 2010 None None None None None None