Magnifier Search

Helnan International Hotels v. Egypt

Type of decisionDecision of the tribunal on objection to jurisdiction
Date of decision17 October 2006
Tribunal
Yves Derains (President)
Michael Lee
Rudolf Dolzer
Legal instrumentBIT between Denmark and Egypt (1999)
Related decision(s)Decision on Claimant's Request for Provisional Measures, 17 May 2006
Further information

Statements from this decision

You are currently viewing the statements in their context. To view them in a list, click here.
An interpretation must give terms a practical effect
A contract concerning the management and operation of a hotel for 26 years constitutes an investment
If an IIT excludes "divergences" and "disputes" having arisen before its entry into force, a "divergence" occurred when the parties hold different views without pursing the differences, while for a "dispute" there must have been an active exchange between the parties
At the jurisdictional phase, it may be sufficient to establish a prima facie case concerning aspects of the tribunal’s jurisdiction
A tribunal may consider certain disputed issues ex abundanti cautela
If an IIT excludes "divergences" and "disputes" having arisen before its entry into force, a "divergence" occurred when the parties hold different views without pursing the differences, while for a "dispute" there must have been an active exchange between the parties
An interpretation must give terms a practical effect
A contract concerning the management and operation of a hotel for 26 years constitutes an investment
The stay of enforcement according to Article 52(5) ICSID Convention is of exceptional nature
When the stay of enforcement according to Article 52(5) ICSID Convention comes to an end, the binding character of the decision is restored without the need for any further action, as evidenced by Article 53 ICSID Convention
When the stay of enforcement according to Article 52(5) ICSID Convention comes to an end, the binding character of the decision is restored without the need for any further action, as evidenced by Article 53 ICSID Convention
It is a fundamental goal of the ICSID Convention to establish a system of recognition and enforcement different from domestics laws and the New York Convention
It is a fundamental goal of the ICSID Convention to establish a system of recognition and enforcement different from domestics laws and the New York Convention

Feedback

Above you will find 8 statement(s) from this decision. Please note that when viewing the statements in their context, the same statement may appear multiple times if it is relevant for more than one topic. Did we miss something? Feel free to send us your suggestions!