Abdallah Andraous v Kingdom of the Netherlands - ICSID Case No. UNCT/23/3 - Statement of Claim - 22 February 2024
Country
Year
2024
Summary
Source: icsid.worldbank.org
TABLE OF CONTENTS
INTRODUCTION
I. THE PARTIES
A. The Claimant
B. The Respondent
II. FACTUAL BACKGROUND OF THE DISPUTE
A. Claimant's Move from Lebanon and Acquisition of his Investments
B. The CBCS's Changing Regulatory Framework and the Grace Period
C. The Restructuring Agreement
D. The Takeover of Ennia
E. The Lack of Default
F. The `Liability Case'
G. The Sale of Certain Stocks and Banco di Caribe
H. The Impending Sale of Mullet Bay
III. JURISDICTION
A. This Tribunal has Jurisdiction Ratione Materiae over a Multifaceted and Unitary Investment
1. Claimant's Shares in Parman Constitute an Investment under the BIT
2. Claimant's Salary and Pension Constitute an Investment under the BIT
B. This Tribunal has Jurisdiction Ratione Personae over Claimant as a Lebanese National
1. Claimant "Made an Investment"
2. Claimant "Ha[s] the Nationality" of the Lebanese Republic Throughout the Lifespan of this Investment
C. This Tribunal has Jurisdiction Ratione Loci
D. This Tribunal has Jurisdiction Ratione Temporis
IV. RESPONDENT HAS BREACHED THE TREATY
A. Respondent is Responsible for the CBCS's Conduct
B. Breach of Fair and Equitable Treatment (Art. 3(1) of the BIT)
C. Expropriation without Compensation (Article 5 of the BIT)
D. Breach of Free Transfer of Payment relating to the Investments (Article 4 of the BIT)
V. RELIEF SOUGHT
INTRODUCTION
1. This Statement of Claim on Jurisdiction and Merits ("Statement of Claim") is filed by Mr. Abdallah Andraous ("Claimant") against the Kingdom of the Netherlands ("Respondent" or "The Netherlands") in accordance with Article 18 of the Arbitration Rules of the United Nations Commission on International Trade Law in force as of 1976 (the "UNCITRAL Rules"). The Statement of Claim comprises this submission plus Claimant's factual exhibits C-036 to C-089 and Claimant's legal exhibits CLA-058 to CLA-230.1
2. Claimant brings this application pursuant to the Agreement on the Encouragement and Reciprocal Protection of Investments between the Lebanese Republic and the Kingdom of the Netherlands signed on 2 May 2002, and which entered into force on 1 March 2004 (the "Lebanon-Netherlands BIT" or simply the "BIT").2 Respondent's consent to arbitrate investment disputes is given under Article 9 of the BIT, and has not been contested.
3. This application is a consequence of the decision of the Central Bank of Curaçao and St. Maarten (the "CBCS") - formerly known as the Bank of the Netherlands Antilles - to take over Ennia Caribe Holding NV ("Ennia") after a series of inconsistent and fast-changing instructions, ultimately depleting Ennia of its value, and expropriating its assets and Claimant's investments. Claimant and the other shareholders of Parman International BV ("Parman") (i.e. Ennia's holding company) have been deprived of access to their investments for almost six years.
4. Below, the Claimant sets out (i) a description of the Parties (Section I), (ii) the factual background of the dispute (Section II), (iii) the reasons why this Tribunal has jurisdiction over the dispute (Section III), (iv) the breaches of the Lebanon-Netherlands BIT by the Respondent (Section IV), and (v) a statement of the relief sought (Section V).
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V. RELIEF SOUGHT
178. In light of the above, Claimant respectfully requests the Tribunal to:
(i) declare that the Netherlands has breached its obligations under the Lebanon- Netherlands BIT;
(ii) order the Respondent, and thus the CBCS, to cease its plans for the sale and further depletion of the assets of Ennia, including but not limited to Mullet Bay;
(iii) order Respondent, and thus the CBCS, to abstain from any negotiations, consultations, conversations or actions with any third parties which could prevent the due execution of the BIT or otherwise frustrate its objects;
(iv) order the Respondent to restore the Claimant's proprietary rights as per the date of the intervention, including compensation;
(v) order the Respondent to compensate in full the Claimant for Respondent's breaches under the BIT, which shall be quantified at a later stage in these proceedings;490
(vi) order Respondent to pay the Claimant the full costs of the arbitration, including but not limited to compensation for all arbitrators' fees and costs, legal fees and expenses incurred by the Claimant in connection with the present dispute; and
(vii) order Respondent to pay applicable interests to any amount awarded until the Netherlands complies with such award.
179. Claimant reserves its right to modify or supplement the claims and prayer for relief stated in this Statement of Claim; to advance further claims, arguments, and prayers for relief; to produce further factual and/or legal evidence as may be necessary to complete or supplement the presentation of those claims; to respond to any arguments or allegations raised by the Respondent; and to claim damages in respect of the losses that have been and are being caused by Respondent's breaches of the BIT, which will be quantified and supported by further evidence in due course.
Respectfully submitted,
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