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Wena Hotels v. Egypt

Type of decisionDecision on Jurisdiction
Date of decision29 June 1999
Tribunal
Monroe Leigh (President)
Hamzeh Ahmad Haddad
Ibrahim Fadlallah
Legal instrumentBIT between Egypt and United Kingdom (1975)
Related decision(s)
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Statements from this decision

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International Investment Treaties (IITs)
Protection of Investors under IITs
Dispute Settlement Clauses
Waiting Clauses / Duty to Attempt Settlement Before Arbitration
Consequences of Failure to Observe the Waiting Period
Failure to observe a waiting clause can easily be rectified and would have little practical effect other than to delay the proceeding
Article 25 (2)(b) ICSID Convention-Clauses
Clauses within BITs referring to Article 25 (2)(b) of the ICSID Convention can provide for the agreement required therein
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Personae
Juridical Persons
Nationality Based on Control, Article 25 II b 2. Alt. ICSID Convention
The required consent can be provided for within an IIT

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