Global Telecom Holdings S.A.E. v. Government of Canada

Claimant

Global Telecom Holding S.A.E. (GTH) is an Egyptian-based integrated telecommunications services company that operates in markets around the world.

Articles

  • II (Establishment, Acquisition and Protection of Investments)
  • III (Most Favoured Nation Treatment after Establishment and Exceptions to MFN)
  • IV (National Treatment after Establishment and Exceptions to NT)

Damages claimed

At least $1.32 billion CAD

Arbitration Rules

ICSID

Summary

Procedural History

On May 28, 2016, GTH filed a Request for Arbitration with the International Centre for Settlement of Investment Disputes (ICSID) under the Canada-Egypt Foreign Investment Promotion and Protection Agreement (FIPA). The request was registered by ICSID on June 6, 2016 and concerns GTH’s investment in Wind Mobile, over the period of 2008-2014.

Factual Overview and Nature of the Claim

In 2008 GTH entered the Canadian telecommunications market through an investment in a Canadian company, Globalive Wireless Management Corporation, which would later provide mobile telecommunications services in parts of Canada as “Wind Mobile”.

Over the investment period, GTH alleges that Canada failed to create a fair, competitive and favourable regulatory environment for new investors in this sector.

GTH alleges that Canada breached several of its obligations under the Canada-Egypt FIPA including denying GTH fair and equitable treatment in accordance with principles of international law [Article II (2) (a)], full protection and security [Article II(2)(b)], and according preferential treatment to similarly situated national investors [Article II(3)(a), Article IV(1)]  and investors from other states [Article II(3)(b), Article III(1)&(2)].

According to media reports, in September 2014, GTH sold its Wind Mobile shares to its Canadian joint venture partner and a consortium of investors for $135 million CAD and the assumption of $160 million CAD in debt. GTH claims to have invested over $1.32 billion in Canada.

Status

Active

Legal Documents (all documents are in pdf)

This case is being administered under the arbitral rules of the International Centre for Settlement of Investment Disputes (ICSID). Additional details related to this case can be viewed at the website of ICSID.

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