UNIÓN FENOSA GAS SA V ARAB REPUBLIC OF EGYPT

[2020] EWHC 1723 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Jacobs, 30 June 2020

Arbitration – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) – Enforcement and recognition of ICSID awards – Procedure for registration in England – Whether service of claim form required – CPR 6, 62.21 and 74

In 1992 Spain and Egypt entered into an Agreement on the Reciprocal Promotion and Protection of Investments. Under the Agreement, investment disputes between either state and the nationals of the other state were to be referred to arbitration under the terms of the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention). A Spanish investor, UFG, obtained an ICSID award against Egypt on 31 August 2018. Egypt sought to annul the award under the ICSID Convention, the hearing remaining pending. In January 2020 the ICSID committee lifted an earlier provisional stay on enforcement. On 5 December 2018 UFG issued an arbitration claim form under CPR 62. The form was issued without notice to Egypt. Males J ordered the registration of the award as if it had been a High Court judgment. UFG submitted a copy of Males J’s order to the Royal Courts of Justice’s Foreign Process Section for service on Egypt via the Foreign and Commonwealth Office as required by CPR 6.44. There were difficulties in effecting service on Egypt, and in October 2019 UFG obtained an order from Teare J, on a without notice application, dispensing with service of Males J’s order. On 15 November 2019 a further without notice application was made to the court, for permission for alternative service on Egypt’s solicitors. Permission was granted by Waksman J. Egypt sought to have the orders set aside.