Case Details

LESI, S.p.A. and Astaldi, S.p.A. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/05/3)

Subject of Dispute:

Construction of a dam
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT Algeria - Italy 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Astaldi, S.p.A. (Italian), LESI, S.p.A. (Italian)
Respondent(s):

People's Democratic Republic of Algeria (Algerian)
Date Registered:

March 18, 2005
Date of Constitution of Tribunal:

April 26, 2005

Composition of Tribunal

President:

Pierre TERCIER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

Emmanuel GAILLARD (French) - Appointed by the Respondent(s)
Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)

Initial Composition of Tribunal

President:

Pierre TERCIER (Swiss)
Arbitrators:

Emmanuel GAILLARD (French)
André J.E. FAURÈS (Belgian)
Reconstituted:

December 13, 2006: Bernard HANOTIAU (Belgian) appointed following the passing away of André J.E. FAURÈS (Belgian)

Party Representatives

Claimant(s):

Bonelli Erede Pappalardo Studio Legale, Milan, Italy
Respondent(s):

Ahmed Laraba, Algiers, Algeria
Falque & Associés, Paris, France
Ministère des Ressources, Algiers, Algeria
Mohammed Chemloul, Algiers, Algeria
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 12, 2008 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Award

Available on the ICSID Website

Decision on Jurisdiction (July 12, 2006) French (Original)

Award (November 12, 2008) French (Original)

(a) Original Proceeding

Date	Development
March 18, 2005	The Secretary-General registers a request for institution of arbitration proceedings.
April 26, 2005	The Tribunal is constituted. Its members are: Pierre Tercier (Swiss), President; André Faurès (Belgian); and Emmanuel Gaillard (French).
June 28, 2005	The Tribunal holds its first session in Paris.
October 31, 2005	The Claimants file a memorial on the merits.
February 21, 2006	The Tribunal decides on the procedural calendar.
March 24, 2006	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 8, 2006	The Claimants file a counter-memorial on jurisdiction.
May 17, 2006	The Tribunal holds a hearing on jurisdiction in Paris. The Tribunal decides on procedural matters.
July 12, 2006	The Tribunal issues a decision on jurisdiction.
September 28, 2006	The Respondent files a supplementary counter-memorial on the merits.
November 14, 2006	The Centre notifies the parties of a vacancy on the Tribunal following the passing away of one of the arbitrators and of the suspension of the proceeding pursuant to ICSID Arbitration Rule 10(2).
December 13, 2006	The Tribunal is reconstituted. Its members are: Pierre Tercier (Swiss), President; Emmanuel Gaillard (French); and Bernard Hanotiau (Belgian). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
December 19, 2006	The Tribunal issues Procedural Order No. 1 concerning the procedural calendar.
February 28, 2007	The Claimants file a reply on the merits.
June 30, 2007	The Respondent files a rejoinder on the merits.
September 25, 2007	The Tribunal issues Procedural Order No. 2 concerning the hearing on the examination of witnesses and experts.
October 23, 2007	The Claimants file an expert report.
October 29, 2007	The Tribunal decides on the admissibility of the expert report.
November 5, 2007 - November 7, 2007	The Tribunal holds an evidentiary hearing in Paris.
November 12, 2007	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing on the merits.
November 27, 2007 - November 28, 2007	The Tribunal holds a hearing on the merits in Paris.
November 29, 2007	The Claimants file pleading notes.
December 3, 2007	The Respondent files pleading notes.
January 11, 2008	The Respondent files a memorial on the expert report submitted by the Claimants.
January 30, 2008	The Claimants file a counter-memorial on the expert report.
February 14, 2008	The Respondent files a reply to the expert report.
February 25, 2008	The Respondent files a statement of costs.
February 28, 2008	The Claimants file a statement of costs.
March 21, 2008	The Respondent files a final statement of costs.
March 26, 2008	The Claimants file a final statement of costs.
July 23, 2008	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 12, 2008	The Tribunal renders its award.