What is Locus Standi?

Locus Standi is a platform for the dispute-resolution world. It brings together arbitration, mediation and adjudication events, jobs and internships, and landmark arbitral awards explained in plain English, alongside the qualifications and pathways into the field. It was established in London at LIDW26 by the alumni of Queen Mary University of London.

Can Locus Standi help me understand a dispute?

Yes. Locus Standi offers free dispute help: paste your contract's dispute-resolution clause and a short note on what happened, and it works out the type of dispute, the governing law, your options, the right forum to file in, and drafts a basic document to start from, all in plain English.

What is the agentic AI case officer?

Locus Standi's workspace includes an AI case officer that helps practitioners run their matters: tracking stages and deadlines, raising alerts, organising to-dos and documents, and drafting. It is built for arbitrators, mediators and the institutions that administer disputes.

Where can I find arbitration events and internships?

Locus Standi keeps a live calendar of arbitration, mediation and adjudication events with one-tap calendar export, and a board of arbitration jobs and internships from institutions including the PCA, ICC, LCIA, SCC, SIAC and AIAC.

Iskandar Safa and Akram Safa v. Hellenic Republic (ICSID)

Why it matters

This case is significant for its bifurcated approach, separating liability from quantum in a complex investment treaty claim. It clarifies that a state's use of sovereign powers to enforce a contract without negotiation or compensation can breach the FET standard, even if expropriation is not found. The decision also addresses admissibility of contract claims previously adjudicated in ICC arbitration.

Summary

The dispute arose from Greek measures affecting Hellenic Shipyards S.A. (HSY), a shipyard owned by the claimants as indirect shareholders. The claimants alleged Greece breached the Lebanon-Greece BIT through harassment of management, takeover of the shipyard, special administration, and a defamation campaign. In the 2020 Decision on Jurisdiction and Liability, the Tribunal found it had jurisdiction and that Greece breached the fair and equitable treatment (FET) standard by using sovereign powers to enforce the Finalization Agreement without negotiating essential terms or compensating HSY. All other claims (expropriation, full protection and security, umbrella clause, frustration of ICC award) were dismissed. The Tribunal bifurcated the proceedings, reserving quantum for a later phase. The 2023 Award on quantum addresses the parties' submissions on damages, but the excerpt provided does not include the Tribunal's final quantum determination. The case is notable for its detailed analysis of the FET standard in the context of state contract enforcement and the procedural handling of complex multi-claim investment arbitration.

The detail

Parties: Iskandar Safa and Akram Safa v. Hellenic Republic

Case number: ICSID Case No. ARB/16/20

Outcome: The Tribunal found Greece breached the fair and equitable treatment standard. Quantum phase ordered; no damages awarded in this award.

Applicable law: Lebanon-Greece BIT (1997); ICSID Convention

Issues in play: The FET standard under the BIT versus Greece's sovereign enforcement of a contractual agreement (Finalization Agreement) without compensation.

Read the full decision at italaw ↗

Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.

Back to the awards board