Netherlands wins investment arbitration case against Abdallah Andraous

An arbitral tribunal has issued a Final Award in the case of Abdallah Andraous v. Kingdom of the Netherlands (ICSID Case No. UNCT/23/3), dismissing all claims brought by the claimant for lack of jurisdiction ratione materiae.

The arbitration was conducted under the 1976 UNCITRAL Rules pursuant to the Dutch-Lebanese Bilateral Investment Treaty (BIT). The tribunal determined that the claimant no longer held ownership of the shares that formed the basis of his principal investment claim at the time the disputed state measures occurred. Furthermore, the tribunal ruled that the claimant failed to establish any other proprietary interest in those shares.

The ruling also addressed employment-related claims, stating that the claimant’s alleged salary and pension rights did not qualify as protected investments under the BIT. Additionally, the tribunal rejected an attempt to invoke the European Convention on Human Rights through the treaty’s most-favoured-nation provision. The decision highlights that a broad definition of investment in a treaty does not waive the requirement for a claimant to prove an actual, protected investment exists at the relevant time.