Case Details

Hydro S.r.l. and others v. Republic of Albania (ICSID Case No. ARB/15/28)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Albania - Italy 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Hydro S.r.l. (Italian), Costruzioni S.r.l. (Italian), Liliana Condomitti (Italian), Mauro De Renzis (Italian), Stefania Grigolon (Italian), Francesco Becchetti (Italian)
Respondent(s):

Republic of Albania (Albanian)
Date Registered:

June 29, 2015
Date of Constitution of Tribunal:

November 23, 2015

Composition of Tribunal

President:

Michael C. PRYLES (Australian) - Appointed by Co-Arbitrators
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Ian GLICK (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Quinn Emanuel Urquhart & Sullivan, Paris, France and New York, NY, U.S.A.
Respondent(s):

State Advocate General of the Republic of Albania, Tirana, Albania
Wragge Lawrence Graham, London, U.K.
Felix Wardle, London, U.K.
Peter Webster, London, U.K.
Siddharth Dhar, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 24, 2019 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

August 27, 2019 (Respondent(s))
Date of Constitution of ad hoc Committee:

November 6, 2019

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Lucinda A. LOW (U.S.)
Members:

Colm Ó HOISÍN (Irish)
Jacomijn J. VAN HAERSOLTE-VAN HOF (Dutch)

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Quinn Emanuel Urquhart & Sullivan, Paris, France and New York, NY, U.S.A.
Respondent(s):

State Advocate General of the Republic of Albania, Tirana, Albania
Foley Hoag, Boston, MA and Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 2, 2021 - The ad hoc Committee issues its decision on annulment.

(c) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

May 26, 2021 (Respondent(s))

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Quinn Emanuel Urquhart & Sullivan, Paris, France and New York, NY, U.S.A.
Respondent(s):

State Advocate General of the Republic of Albania, Tirana, Albania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 29, 2021 - The ad hoc Committee issues a decision on rectification of the decision on annulment.

(d) Revision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

May 9, 2022
Date of Constitution of Tribunal:

October 17, 2022

Composition of Tribunal

President:

Grant HANESSIAN (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Robert ANDERSON (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A. and London, U.K.
Respondent(s):

State Advocate General of the Republic of Albania, Tirana, Albania
Omnia Strategy, London, U.K.
Chester Brown, London, U.K.
Lucas Bastin KC, London, U.K.
Cameron Miles, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 29, 2023 - The Tribunal issues a decision on the Claimants’ preliminary objections pursuant to ICSID Arbitration Rule 41(5).

(a) Original Proceeding

Published Decisions

Order on Provisional Measures (English;)

Decision on Claimants’ Request for a Partial Award and Respondent’s Application for Revocation or Modification of the Order on Provisional Measures (English;)

(b) Revision Proceeding

Published Decisions

Decision on Respondent’s Disqualification Proposal

Available on the ICSID Website

Decision on Respondent’s Disqualification Proposal (December 1, 2022) English (Original)

(a) Original Proceeding

Date	Development
June 29, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
September 9, 2015	Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator.
September 29, 2015	Following appointment by the Respondent, Ian Glick (British) accepts his appointment as arbitrator.
November 23, 2015	Following appointment by his co-arbitrators in consultation with the Parties, Michael C. Pryles (Australian) accepts his appointment as presiding arbitrator.
November 23, 2015	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Michael C. Pryles (Australian), President, appointed by his co-arbitrators in consultation with the Parties; Charles Poncet (Swiss), appointed by the Claimants; and Ian Glick (British), appointed by the Respondent.
December 5, 2015	The Claimants file a request for provisional measures.
January 20, 2016	The Respondent files observations on the Claimants’ request for provisional measures.
January 22, 2016	The Tribunal holds a first session by telephone.
January 27, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 28, 2016	The Claimants file a response to the Respondent’s observations of January 20, 2016.
February 5, 2016	The Respondent files a response to the Claimant’s response of January 28, 2016.
February 10, 2016	The Tribunal holds a hearing on provisional measures by telephone conference.
March 3, 2016	The Tribunal issues a procedural order concerning provisional measures.
March 25, 2016	The Claimants file a request with the Tribunal to order the Respondent to comply with the order concerning provisional measures.
April 5, 2016	The Respondent files observations on the Claimants’ request of March 25, 2016.
April 18, 2016	The Claimants file a response to the Respondent’s observations of April 5, 2016.
May 10, 2016	The Respondent files a request for the Tribunal to reconsider the order concerning provisional measures.
May 13, 2016	The Claimants file a memorial on the merits.
June 10, 2016	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
June 15, 2016	The Tribunal holds a hearing on the Claimants’ request of March 25, 2016 and the Respondent’s request of May 10, 2016 in London.
June 24, 2016	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
July 1, 2016	The Respondent files a reply on the Claimants’ observations of June 24, 2016.
July 8, 2016	The Claimants file a rejoinder on the Respondent’s reply of July 1, 2016.
September 1, 2016	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
September 1, 2016	The Tribunal issues a decision on provisional measures.
September 19, 2016	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
January 1, 2017	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
January 23, 2017	The Respondent files a counter-memorial on the merits and objections to jurisdiction.
April 4, 2017	The Tribunal issues Procedural Order No. 4 concerning production of documents.
June 2, 2017	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
June 27, 2017	The Tribunal issues Procedural Order No. 5 concerning the exclusion of evidence.
June 28, 2017	The Claimants request for the Tribunal to decide on the participation of counsel.
July 7, 2017	The Respondent files a reply on jurisdiction.
July 9, 2017	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
July 14, 2017	The Respondent files observations on the Claimants’ request of June 28, 2017.
July 18, 2017	The Claimants file a response to the Respondent’s observations of July 14, 2017.
July 26, 2017	The Respondent files further observations on the Claimants’ request of June 28, 2017.
July 31, 2017	The Tribunal issues Procedural Order No. 7 concerning the participation of counsel.
August 4, 2017	The Claimants file a rejoinder on jurisdiction.
August 7, 2017	The Respondent files a rejoinder on the merits.
August 8, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
August 12, 2017	The Claimants file a request for the exclusion of evidence.
August 14, 2017	The Respondent files observations on the Claimants’ request of August 8, 2017.
August 15, 2017	The Tribunal decides on the Claimants’ request concerning the admissibility of new evidence.
August 16, 2017	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
August 18, 2017	The Respondent files observations on the Claimants’ request of August 12, 2017.
August 21, 2017	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
August 21, 2017	The Tribunal issues Procedural Order No. 9 concerning the exclusion of evidence.
August 21, 2017	The Respondent files observations on the Claimants’ request of August 16, 2017.
August 22, 2017	The Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence.
September 4, 2017 - September 14, 2017	The Tribunal holds a hearing on jurisdiction and the merits in London.
October 20, 2017	Each party files a submission on costs.
January 17, 2019	The Respondent files a submission on costs.
January 23, 2019	The Claimants file observations on the Respondent’s submission on costs.
March 25, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 24, 2019	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
August 27, 2019	The Secretary-General registers an application for annulment of the award filed by the Republic of Albania and notifies the parties of the provisional stay of enforcement of the award.
November 6, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lucinda Low (U.S.), President; Colm Ó hOisín (Irish); and Jacomijn van Haersolte-van Hof (Dutch); all members appointed by the Chairman of the Administrative Council.
November 14, 2019	Hydro S.r.l. and others file their opposition to the continuation of the provisional stay of enforcement of the award.
November 20, 2019	The Republic of Albania files observations on Hydro S.r.l. and others’ opposition to the continuation of the provisional stay of enforcement of the award.
December 4, 2019	The Republic of Albania files further observations on Hydro S.r.l. and others’ opposition to the continuation of the provisional stay of enforcement of the award.
December 11, 2019	Hydro S.r.l. and others file a response to the Republic of Albania’s observations of December 4, 2019.
December 17, 2019	The Republic of Albania files a reply on Hydro S.r.l. and others’ opposition to the continuation of the provisional stay of enforcement of the award.
December 18, 2019	The ad hoc Committee holds a first session by telephone conference.
February 27, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
March 13, 2020	The ad hoc Committee issues a decision on the stay of enforcement of the award.
March 23, 2020	The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
April 13, 2020	Hydro S.r.l. and others file a submission on costs.
April 15, 2020	The Republic of Albania files a memorial on annulment.
July 6, 2020	Hydro S.r.l. and others file a counter-memorial on annulment.
August 10, 2020	The Republic of Albania files a reply on annulment.
September 14, 2020	Hydro S.r.l. and others file a rejoinder on annulment.
December 16, 2020	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
January 19, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
January 25, 2021 - January 26, 2021	The ad hoc Committee holds a hearing on annulment by video conference.
February 4, 2021	Hydro S.r.l. and others file a request for the ad hoc Committee to decide on the admissibility of new evidence.
February 9, 2021	The Republic of Albania files observations on Hydro S.r.l. and others’ request of February 4, 2021.
February 10, 2021	The ad hoc Committee decides on the admissibility of new evidence.
March 19, 2021	Each party files a submission on costs.
March 29, 2021	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
April 2, 2021	The ad hoc Committee issues its decision on annulment.

(c) Rectification Proceeding

Date	Development
May 26, 2021	The Secretary-General registers a request for rectification of the decision on annulment filed by the Republic of Albania.
May 26, 2021	Hydro S.r.l. and others file observations on the Republic of Albania’s request for rectification.
June 7, 2021	The Republic of Albania files a reply on Hydro S.r.l. and others’ observations of May 26, 2021.
June 11, 2021	Hydro S.r.l. and others file a rejoinder on the Republic of Albania’s request for rectification.
July 29, 2021	The ad hoc Committee issues a decision on rectification of the decision on annulment.

(d) Revision Proceeding

Date	Development
May 9, 2022	The Secretary-General registers an application for revision of the award filed by Albania.
August 3, 2022	Following appointment by the Respondent, Robert Anderson (British) accepts his appointment as arbitrator.
August 10, 2022	Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator.
October 17, 2022	The Tribunal is constituted in accordance with ICSID Arbitration Rule 51(3). Its members are: Grant Hanessian (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Charles Poncet (Swiss), appointed by the Claimants; and Robert Anderson (British), appointed by the Respondent.
October 18, 2022	The Respondent files a proposal for disqualification of arbitrator Charles Poncet. The proceeding is suspended in accordance with ICSID Arbitration Rules 53 and 9(6).
October 27, 2022	The Claimants file observations on the proposal for disqualification.
November 4, 2022	The Respondent files further observations on the proposal for disqualification.
December 1, 2022	The proposal for disqualification of arbitrator Charles Poncet is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 9(6).
December 7, 2022	The Claimants file preliminary objections pursuant to ICSID Arbitration Rule 41.
January 6, 2023	The Respondent files observations on the Claimants’ preliminary objections pursuant to ICSID Arbitration Rule 41.
January 16, 2023	The Claimants file a reply on preliminary objections pursuant to ICSID Arbitration Rule 41.
January 26, 2023	The Respondent files a rejoinder on preliminary objections pursuant to ICSID Arbitration Rule 41.
February 7, 2023	The Tribunal holds a first session and a hearing on preliminary objections by video conference.
March 2, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 29, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
March 29, 2023	The Tribunal issues a decision on the Claimants’ preliminary objections pursuant to ICSID Arbitration Rule 41(5).