UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
ARBITRATION RULES (1976)
ABDALLAH ANDRAOUS
Claimant
v.
KINGDOM OF THE NETHERLANDS
Respondent
PROCEDURAL ORDER NO. 5
POST-HEARING ISSUES
Arbitral Tribunal
Ms. Claudia Salomon (Presiding Arbitrator)
Prof. Nassib G. Ziadé
Mr. José Emilio Nunes Pinto
Secretary of the Tribunal
Mr. Felipe Aragón
Representative of ICSID
Mr. Alex B. Kaplan
23 January 2025
[Page 2]
1. In accordance with Procedural Order No. 4, the Parties and the Tribunal held the hearing on jurisdiction for the bifurcated proceedings on the 20 and 21 January 2025, at the Arbitration Centre (Delos), located at 92 rue Réaumur, 75002 Paris, France.
2. This Procedural Order No. 5 records the Parties’ and the Tribunal’s agreements regarding the next procedural steps for the bifurcated proceedings.
3. During the hearing, the Parties agreed to introduce into the file the following exhibits and legal authorities:
| R-081 | Declaration of garnishment on [Redacted] dated 24 November 2021 |
| RL-071 | Judgment of Dutch Supreme Court dated 15 March 2013 (ECLI:NL:HR:2013:BZ4218) |
| C-116 | Assignment Agreement dated 1 January 2024 |
| CLA-263 | The European Convention on Human Rights |
4. Additionally, Respondent made use of the following demonstrative exhibits:
| RD-001 | Case timeline |
| RD-002 | Opening Statement |
| RD-003 | Objection I-Dual Nationality |
| RD-004 | Objection II-Shareholding |
| RD-005 | Objection III-Salary and Pension Rights |
| RD-006 | Closing Statement |
| RD-007 | Expert presentation Dr. Filesia |
5. At the end of the hearing, the court reporter transmitted to the Parties and to the Tribunal the draft version of the transcript.
[Page 3]
6. In accordance with Procedural Orders Nos. 1 and 4, the Parties agreed to confer and make the relevant corrections to the draft transcript by 11 February 2025. The court reporter will then enter the agreed corrections and issue the revised transcript.
7. The Tribunal may decide upon any disagreement between the Parties, and the court reporter will enter any corrections adopted by the Tribunal in the revised transcript.
8. The Parties will indicate whether any portions of the revised transcript require redaction prior to publication.
9. The Parties agreed that no post-hearing briefs would be required and that they would only make a simultaneous two-round submission on costs:
- A first Submission on Costs, accompanied by documentary evidence of the actual costs incurred in this arbitration (e.g., invoices and receipts), shall be filed on 4 March 2025; and
- A Response to the counterparty’s Submission on Costs shall be filed on 18 March 2025.
10. The Submission on Costs and the Response shall each be no more than 5 pages (excluding the documentary evidence).
On behalf of the Tribunal
[Signed]
Claudia Salomon
Presiding Arbitrator
Date: 23 January 2025