Jan de Nul NV and Dredging International NV v. Arab Repubulic of Egypt

Abstract

Jurisdiction — Whether Tribunal having jurisdiction over dispute — State responsibility — State entity — Manifest lack of a link with the State — ILC Articles on State Responsibility — ICSID Convention, Article 25 — Definition of an investment — Duration — BITs between Belgo-Luxembourg Economic Union and Egypt in 1977 and 2002 — Meaning of “communications” for purpose of 1977 BIT — Applicability ratione tempo ris of 2002 BIT — Time at which dispute arose — Whether a new dispute existed — Reliance on a BIT — Exclusive jurisdiction clause — Claims juridically distinct from contract claims — Existence of an investment — Time at which dispute arose — ICSID Convention, Article 25

Award — Applicable law — Consent to arbitration — State organ — Exercise of governmental authority — Attribution to the State — ILC Articles on State Responsibility — Denial of justice — Exhaustion of local remedies — Fair and equitable treatment — Fraud — Due diligence — Duty to inform — Legitimate expectations — Continuous protection and security of an investment — Duty to promote investments — 1977 and 2002 BITs between Belgo-Luxembourg Economic Union and Egypt — Whether Egypt breaching its obligations under BITs