Global Telecom Holdings S.A.E. v. Government of Canada
Global Telecom Holding S.A.E. (GTH) is an Egyptian-incorporated integrated telecommunications services company that operates in markets around the world.
- II (Establishment, Acquisition and Protection of Investments)
- IV (National Treatment after Establishment and Exceptions to NT)
- IX (Transfer of Funds)
Won. The Tribunal dismissed all the claims. The Tribunal did not award any costs.
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). A Tribunal was constituted on February 21, 2017 with the appointment of Professor George Affaki as presiding arbitrator. The Tribunal also included Mr. Gary Born (nominated by the claimant) and Professor Vaughn Lowe (nominated by Canada). A hearing on the jurisdiction, merits and damages was held in Paris from April 1-12, 2019.
On March 27, 2020, a majority of the three arbitrators dismissed all claims against Canada as well as GTH’s request for US$ 1.8B in damages. One of the arbitrators wrote a dissenting opinion. The award as well as documents related to this arbitration will be made publically available on the website of ICSID, the administering authority for the arbitration, as soon as confidential information has been redacted.
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 denyingthe obligation to accord fair and equitable treatment in accordance with principles of international law [Article II (2) (a)], full protection and security [Article II(2)(b)], national treatment [Article IV(1)] and to refrain from imposing restrictions on the transfer of investments and returns [Article IX (1)].
GTH claimed damages in the amount of US$1.8 billion arising from the alleged breaches.
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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