Case Details

Belenergia S.A. v. Italian Republic (ICSID Case No. ARB/15/40)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Belenergia S.A. (Luxembourg)
Respondent(s):

Italian Republic (Italian)
Date Registered:

September 22, 2015
Date of Constitution of Tribunal:

May 18, 2016

Composition of Tribunal

President:

Yves DERAINS (French) - Appointed by Co-Arbitrators
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
José Carlos FERNÁNDEZ ROZAS (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Watson Farley & Williams, Rome, Italy
Respondent(s):

Ministero degli Affari Esteri e della Cooperazione Internazionale, Rome, Italy
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 6, 2019 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (August 6, 2019) (English;)

(a) Original Proceeding

Date	Development
September 22, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
November 16, 2015	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
March 16, 2016	Following appointment by the Respondent, Jose Carlos Fernandez Rozas (Spanish), accepts his appointment as arbitrator.
May 18, 2016	The Tribunal is constituted in accordance with Article 37(2)(a). Its members are: Yves Derains (French), President, appointed by his co-arbitrators; Bernard Hanotiau (Belgian), appointed by the Claimant; and José Carlos Fernández Rozas (Spanish), appointed by the Respondent.
May 18, 2016	Following appointment by his co-arbitrators, Yves Derains (French) accepts his appointment as presiding arbitrator.
July 7, 2016	The Tribunal holds a first session by telephone conference.
September 12, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 24, 2016	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 6, 2016	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
November 10, 2016	The Claimant files observations on the non-disputing party’s application.
November 24, 2016	The Respondent files observations on the non-disputing party’s application.
December 14, 2016	The Claimant files a memorial on the merits.
December 16, 2016	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 24, 2017	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 31, 2017	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
September 20, 2017	The Claimant files a reply memorial on the merits and a counter-memorial on jurisdiction.
December 15, 2017	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
February 27, 2018	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
March 5, 2018	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
March 19, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
March 22, 2018	The Claimant files observations on the Respondent’s request of March 19, 2018.
March 23, 2018	The Tribunal decides on the admissibility of a new document.
March 26, 2018 - March 29, 2018	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
June 1, 2018	Each party files a post-hearing brief.
June 8, 2018	The Claimant files a statement of costs.
June 21, 2018	The Respondent files a statement of costs.
July 24, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
July 30, 2018	The Claimant files observations on the Respondent’s request for the Tribunal to decide on the admissibility of a new document.
August 1, 2018	The Tribunal decides on the Respondent’s request of July 24, 2018.
October 3, 2018	The non-disputing party files a communication regarding its written submission of May 31, 2017.
June 26, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 6, 2019	The Tribunal renders its award.