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The Awards In Wena Hotels Limited V. Arab Republic Of Egypt

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Chapter Summary

This chapter examines the case of Wena v. Egypt in light of the International Centre for Settlement of Investment Disputes (ICSID) Convention's Article 48 "reasons requirement". It argues that the Wena arbitral tribunal failed to honor Article 48's requirement that "the award shall deal with every question submitted to the tribunal, and shall state the reasons upon which it is based". In both the jurisdictional and merits phases, the tribunal declined to provide reasons for critical decisions affecting the outcome of the case. The chapter examines the ad hoc committee's review of the Wena tribunal's award. Finally, it demonstrates how the reasoning failures of both the tribunal and the ad hoc committee hampered a later request for interpretation of the award and led to unsatisfactory outcomes for both of the parties. BITs are consent-based instruments, and the arbitral tribunals tasked with applying their norms are tribunals of limited jurisdiction.

Keywords: ad hoc committee; arbitral tribunal; Egypt; ICSID; Wena



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