Case Details

Eskosol S.p.A. in liquidazione v. Italian Republic (ICSID Case No. ARB/15/50)

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):

Eskosol S.p.A. in liquidazione (Italian)
Respondent(s):

Italian Republic (Italian)
Date Registered:

December 22, 2015
Date of Constitution of Tribunal:

October 19, 2016

Composition of Tribunal

President:

Jean Engelmayer KALICKI (U.S.) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Winston & Strawn, Chicago, IL, U.S.A. and London, U.K.
Stephenson Harwood, Hong Kong
Respondent(s):

Avvocatura dello Stato, Rome, Italy
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 4, 2020 -
The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Respondent’s Application Under Rule 41(5)

Procedural Order No. 3

Decision on Termination Request and Intra-EU Objection

Award of the Tribunal

Available on the ICSID Website

Decision on Respondent’s Application Under Rule 41(5) (March 20, 2017) English (Original)

Procedural Order No. 3 (April 12, 2017) English (Original)

Decision on Termination Request and Intra-EU Objection (May 7, 2019) English (Original)

Award of the Tribunal (September 4, 2020) English (Original)

(a) Original Proceeding

Date	Development
December 22, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
March 15, 2016	Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator.
April 6, 2016	Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator.
June 25, 2016	Pierre-Marie Dupuy withdraws his acceptance of his appointment as arbitrator.
August 1, 2016	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
October 19, 2016	Following appointment by agreement of the parties, Jean Kalicki (U.S.) accepts her appointment as presiding arbitrator.
October 19, 2016	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Jean Kalicki (U.S.), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
November 18, 2016	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 2, 2016	The Tribunal holds a first session by telephone conference.
December 23, 2016	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
January 4, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 13, 2017	The Respondent files a response to the Claimant’s observations of December 23, 2016.
January 16, 2017	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
January 18, 2017	The Respondent files a request for provisional measures.
February 1, 2017	The Claimant files a rejoinder on the Respondent’s preliminary objections under ICSID Arbitration Rule 41(5).
February 3, 2017	Each party files observations on the non-disputing party’s application.
February 8, 2017	The Tribunal holds a hearing on the Respondent’s preliminary objections under ICSID Arbitration Rule 41(5) in Paris.
February 10, 2017	The Tribunal issues Procedural Order No. 2 on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 3, 2017	The Claimant files observations on the Respondent’s request for provisional measures.
March 6, 2017	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
March 20, 2017	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
April 12, 2017	The Tribunal issues Procedural Order No. 3 concerning provisional measures.
May 9, 2017	The Claimant files a memorial on the merits.
July 7, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question and a memorial on jurisdiction.
July 28, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
August 1, 2017	The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
September 15, 2017	The Tribunal issues Procedural Order No. 5 providing the reasons for its decision in Procedural Order No. 4 dated August 1, 2017.
October 27, 2017	The Respondent files a counter-memorial on the merits.
March 2, 2018	The Claimant files a reply on the merits.
May 25, 2018	The Respondent files a rejoinder on the merits.
June 15, 2018	The Claimant files a rejoinder on jurisdiction.
July 3, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 5, 2018	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
July 24, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 25, 2018	The Claimant files observations on the Respondent’s request of July 24, 2018.
July 26, 2018	The Tribunal decides on the admissibility of new evidence.
September 11, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
September 15, 2017	The Tribunal issues Procedural Order No. 6 providing the reasons for its decision in Procedural Order No. 2 dated February 10, 2017.
September 18, 2018	The Respondent files observations on the Claimant’s request of September 11, 2018.
September 18, 2018	The Tribunal decides on the admissibility of new evidence.
September 24, 2018 - September 26, 2018	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
November 20, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
December 17, 2018	The Respondent files observations on the Claimant’s request of November 20, 2018.
December 21, 2018	Each party files a post-hearing brief.
January 11, 2019	Each party files a statement of costs.
May 7, 2019	The Tribunal issues a decision on jurisdiction.
June 18, 2019	The Respondent files a request for the Tribunal to suspend the proceeding.
July 1, 2019	The Claimant files observations on the Respondent’s request of June 18, 2019.
December 6, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 13, 2019	The Claimant files observations on the Respondent’s request of December 6, 2019.
December 17, 2019	The Tribunal decides on the admissibility of new evidence.
March 30, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
April 6, 2020	The Claimant files observations on the Respondent’s request of March 30, 2020.
April 8, 2020	The Tribunal decides on the admissibility of new evidence.
April 16, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
April 23, 2020	The Claimant files observations on the Respondent’s request of April 16, 2020.
May 18, 2020	The Tribunal decides on the admissibility of new evidence.
August 25, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
September 4, 2020	The Tribunal renders its award.