Orascom TMT Investments SARL v Algeria, Award, ICSID Case No ARB/12/35, IIC 948 (2017), despatched 31st May 2017, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Whether the term ‘siège social’ in the definition of an ‘investor’ in the Agreement between the Belgium-Luxembourg Economic Union and the People’s Democratic Republic of Algeria for the Reciprocal Promotion and Protection of Investments (‘Belgium-Luxembourg Algeria BIT’) refers to the statutory or real seat of a company.
Whether indirect shareholding constitutes an ‘investment’ under both the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States and the Belgium-Luxembourg-Algeria BIT.
Whether investment treaties enable the pursuit of several claims by multiple entities in a vertical ownership chain for the same economic harm.
Whether the use of corporate form to claim for the same economic harm can amount to an abuse of rights.