TDM/IACL Case Reports 2025 - #3
OGEL Energy Law / Transnational Dispute Management (TDM)
OGEL and TDM Law Journals
Each year International Arbitration Case Law (IACL) and TDM/OGEMID produces summaries of recently released arbitral awards, in particular, albeit not only, awards rendered by Investment Arbitral Tribunals. These summaries are then distributed free of charge among the public at large in order to contribute to disseminate the knowledge and understanding of international arbitration allowing for a quick reading of complex arbitral and international law decisions.
This achievement would not be possible without the excellent and dedicated work of our drafters. Once or twice a year, IACL invites talented and skillful professionals or advance law students to express their interest in contributing to expand the IACL's database by means of the preparation of summaries that after an internal process of quality certification, will be distributed through OGEMID, Young-OGEMID and published in the IACL/TDM's website at www.transnational-dispute-management.com/casereports.asp
Recently a new batch of case reports was published, the summaries are listed here below with links to the full case reports available on TDM.
Below an overview of recent TDM IACL Case Reports.
Veolia Propreté v. Arab Republic of Egypt (ICSID Case No. ARB/12/15) - Award - 25 May 2018
Case Report by Louis Christe, Editor Ignacio Torterola
A division of the French multinational Veolia filed ICSID arbitration against the Arab Republic of Egypt alleging various violations of the France-Egypt BIT in relation with disagreements over the performance of waste management services performed by Veolia's local subsidiary for the Governorate of Alexandria.
Alya Construtora S.A. v. PDVSA Petroleo S.A. and Petroleos de Venezuela S.A. (ICC Case No. 24306/JPA/AJP) - Final Award - 25 July 2023
Case Report by Raul A. Ruiz Aguirre, Editor Ignacio Torterola
Main Issues: Whether the claim is admissible; Whether the Respondents terminated the Contracts due to causes attributable to the Claimant; The appropriate compensation.
Iskandar Safa and Akram Safa v. Hellenic Republic, ICSID Case No. ARB/16/20 - Award, dated June 30, 2023 (the "Award"), including Annex A - Decision on Jurisdiction and Liability, dated July 24, 2020 (the "Decision").
Case Report by Andra Curutiu
This arbitration arose from a dispute between Lebanese investors Iskandar and Akram Safa (the "Claimants"), and the Hellenic Republic ("Greece" or the "Respondent") (collectively referred to as the "Parties") under the Lebanon-Greece Bilateral Investment Treaty (the "BIT"). It concerned a series of measures taken by Greece in relation to Hellenic Shipyards S.A. ("HSY"), in which the Claimants held indirect ownership. Central to the dispute was a shipyard owned by HSY in Skaramangas, Greece (the "shipyard" or "Skaramangas shipyard"). The Claimants argued that the Respondent's actions, including the alleged takeover of the shipyard and the placement of HSY under Special Administration breached the BIT's provisions on Fair and Equitable Treatment ("FET"), expropriation, and umbrella clause, resulting in the complete loss of their investment. Greece, on the other hand, denied any wrongdoing, arguing that the measures were lawful, and necessary to comply with its obligations under European Union (the "EU") law.
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