Arbitration seat of phase two FiT projects will be outside Egypt, 70% foreign funding requirement
Arbitration for phase two of feed-in tariff (FiT) projects will be seated outside of Egypt, while the venue for arbitration hearings will be in Egypt. Setting aside the legalese, we take that to mean that the international arbitrator will have the final ruling on the case and will be subject to the laws of the location in which it is seated. The venue — Cairo — is merely the setting for procedures of the case, according to a note clarifying the rules of the FiT phase two program sent to investors by the Egyptian Electricity Holding Company. This flies in the face of previous reports that international arbitration will be invoked only if one party should wish to appeal the results of arbitration in Cairo. Also not mentioned when the FiT phase II rules were first announced: Projects in the second phase will be subject to a foreign funding after all, but it will fall to 70% — that’s not far off the highly contentious 85% figure mandated for phase one projects. Companies that want to switch solar projects to phase two have until 28 October 2017 to reach financial close. The deadline for all phase one companies to decide whether to convert to phase two is 7 October. Shahid Law Firm has published the highlights of the note in English.