ICSID - International Centre for Settlement of Investment Disputes
ICSID - International Centre for Settlement of Investment Disputes
11/03/2023 | Press release | Distributed by Public on 11/03/2023 14:01
Iskandar Safa and Akram Safa v. Hellenic Republic (ICSID Case No. ARB/16/20)
Iskandar Safa and Akram Safa v. Hellenic Republic (ICSID Case No. ARB/16/20)
Proceeding
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Subject of Dispute:Shipbuilding, shipyards
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Economic Sector:Transportation
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Instrument(s) Invoked: (i)BIT Lebanon - Greece 1997
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Applicable Rules:ICSID Convention - Arbitration Rules
(a) Original Proceeding
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Claimant(s)/Nationality(ies): (i)Akram Safa (Lebanese), Iskandar Safa (Lebanese)
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Respondent(s):Hellenic Republic (Greek)
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Date Registered:July 5, 2016
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Date of Constitution of Tribunal:December 22, 2016
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Composition of Tribunal
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President:Veijo HEISKANEN (Finnish) - Appointed by the Parties
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Arbitrators:Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)
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Party Representatives
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Claimant(s):Busse Disputes Rechtsanwaltsgesellschaft, Frankfurt am Main, Germany
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Respondent(s):Legal Council of the States, Athens, Greece
Holman Fenwick Willan, London, U.K. and Brussels, Belgium
Guglielmo Verdirame, Jonathan Ketcheson, 20 Essex Street, London, U.K. -
Language(s) of Proceeding:English
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Status of Proceeding:Concluded
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Outcome of Proceeding:June 30, 2023 - The Tribunal renders its award.
(b) Annulment Proceeding
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Applicant(s)/Requesting Party(ies): (i)Claimant(s)
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Date Registered:November 3, 2023
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Party Representatives
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Claimant(s):Busse Disputes Rechtsanwaltsgesellschaft, Frankfurt am Main, Germany
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Respondent(s):Legal Council of the State, Ministry of National Defence of the Hellenic Republic Athens, Hellenic Republic
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Language(s) of Proceeding:English
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Status of Proceeding:Pending
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Latest Development:November 3, 2023 - The Acting Secretary-General registers an application for annulment of the award filed by Iskandar Safa and Akram Safa.
No References Available.
(a) Original Proceeding
| Date | Development |
| July 5, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
| September 12, 2016 | Following appointment by the Claimants, Klaus Reichert (Irish/German) accepts his appointment as arbitrator. |
| September 28, 2016 | Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator. |
| October 24, 2016 | The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention. |
| December 22, 2016 |
Following appointment by agreement of the parties, Veijo Heiskanen (Finnish) accepts his appointment as presiding arbitrator. |
| December 22, 2016 |
The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Veijo Heiskanen (Finnish), President, appointed by agreement of the parties; Klaus Reichert (Irish/German), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent. |
| December 23, 2016 | The Claimants file a proposal for disqualification of arbitrator Brigitte Stern. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
| January 16, 2017 | The Respondent files observations on the proposal for disqualification. |
| January 23, 2017 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
| February 6, 2017 | The Claimants file further observations on the proposal for disqualification. |
| March 7, 2017 | The proposal for disqualification of arbitrator Brigitte Stern is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
| May 8, 2017 | The Tribunal holds a first session in London. |
| May 15, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| October 30, 2017 | The Claimants file a memorial on the merits. |
| February 22, 2018 |
The Claimants file a request for a procedural order on confidentiality. |
| February 28, 2018 |
The Respondent files observations on the Claimants' request of February 22, 2018. |
| March 12, 2018 |
The Tribunal issues Procedural Order No. 2 concerning the Claimants' request of February 22, 2018. |
| May 1, 2018 |
The Respondent files a memorial on preliminary objections and a counter-memorial on the merits. |
| July 5, 2018 |
A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| August 6, 2018 |
Each party files observations on the non-disputing party's application. |
| August 8, 2018 |
The Tribunal issues Procedural Order No. 3 concerning production of documents. |
| August 22, 2018 |
The Tribunal issues Procedural Order No. 4 concerning the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| September 14, 2018 |
The Tribunal issues Procedural Order No. 5 concerning the non-disputing party's request. |
| October 5, 2018 |
The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
| December 19, 2018 |
The Claimants file a counter-memorial on preliminary objections and a reply on the merits. |
| February 1, 2019 |
The Respondent files a reply on preliminary objections. |
| March 1, 2019 |
The Respondent files a rejoinder on the merits. |
| March 1, 2019 |
The Claimants file a rejoinder on preliminary objections. |
| March 15, 2019 |
The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
| March 25, 2019 - April 4, 2019 |
The Tribunal holds a hearing on jurisdiction and merits in London. |
| April 11, 2019 |
The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
| April 18, 2019 |
The Respondent files observations on the Claimants' request of April 11, 2019. |
| May 9, 2019 |
The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence. |
| July 3, 2019 |
The Claimants file a request for the Tribunal to decide on production of documents. |
| July 9, 2019 |
The Respondent files observations on the Claimants' request for the Tribunal to decide on production of documents. |
| July 11, 2019 |
The Tribunal decides on production of documents. |
| August 9, 2019 |
Each party files a post-hearing brief. |
| August 15, 2019 |
The Respondent files a request for the exclusion of evidence. |
| August 22, 2019 |
The Claimants file observations on the Respondent's request to exclude evidence of August 15, 2019. |
| August 22, 2019 |
The Claimants file a request for the Tribunal to decide on production of documents. |
| August 23, 2019 |
The Respondent files observations on the Claimants' request on the production of documents of July 3, 2019. |
| September 6, 2019 |
The Respondent files observations on the Claimants' request for the Tribunal to decide on production of documents of August 22, 2019. |
| September 9, 2019 |
The Tribunal decides on the Claimants' request of August 22, 2019 on the production of documents. |
| September 20, 2019 |
Each party files a submission on costs. |
| October 4, 2019 |
Each party files observations on the other party's submission on costs. |
| July 24, 2020 |
The Tribunal issues a decision on jurisdiction and liability. |
| November 16, 2020 |
The Tribunal issues Procedural Order No. 7 concerning the procedural calendar. |
| January 29, 2021 |
The Claimants file a memorial on quantum. |
| June 7, 2021 |
The Respondent files a counter-memorial on quantum. |
| November 30, 2021 |
The Claimants file a reply on quantum. |
| December 15, 2021 |
The Respondent files further observations on quantum. |
| January 4, 2022 |
The Claimants file a response to the Respondent's further observations of December 15, 2021. |
| May 9, 2022 |
The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
| May 16, 2022 |
The Respondent files observations on the Claimant's request of May 9, 2022. |
| May 17, 2022 |
The Tribunal decides on the Claimant's request of May 9, 2022. |
| May 31, 2022 |
The Respondent files a rejoinder on quantum. |
| September 8, 2022 |
The President holds a pre-hearing organizational meeting with the parties by video conference. |
| September 14, 2022 |
The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing. |
| October 5, 2022 - October 7, 2022 |
The Tribunal holds a hearing on quantum in London. |
| December 16, 2022 |
Each party files a post-hearing brief. |
| January 5, 2023 |
The Tribunal issues Procedural Order No. 9 concerning the Respondent's request to introduce new evidence. |
| January 5, 2023 |
Each party files a submission on costs. |
| January 12, 2023 |
Each party files observations on the other party's submission on costs. |
| April 18, 2023 |
The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
| June 30, 2023 |
The Tribunal renders its award. |
(b) Annulment Proceeding
| Date | Development |
| November 3, 2023 |
The Acting Secretary-General registers an application for annulment of the award filed by Iskandar Safa and Akram Safa. |