Case Details

Toto Costruzioni Generali S.p.A. v. Lebanese Republic (ICSID Case No. ARB/07/12)

Subject of Dispute:

Highway construction contract
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Lebanon - Italy 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Toto Costruzioni Generali S.p.A. (Italian)
Respondent(s):

Lebanese Republic (Lebanese)
Date Registered:

July 3, 2007
Date of Constitution of Tribunal:

October 30, 2007

Composition of Tribunal

President:

Hans VAN HOUTTE (Belgian) - Appointed by Co-Arbitrators
Arbitrators:

Stephen M. SCHWEBEL (U.S.) - Appointed by the Chairman of the Administrative Council
Fadi MOGHAIZEL (Lebanese) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Hans VAN HOUTTE (Belgian)
Arbitrators:

Alberto FELICIANI (Italian)
Fadi MOGHAIZEL (Lebanese)
Reconstituted:

March 16, 2012: Stephen M. SCHWEBEL (U.S.) appointed following the resignation of Alberto FELICIANI (Italian)

Party Representatives

Claimant(s):

Hatem, Kairouz, Moukheiber and Messihi Law Firm, Beirut, Lebanon
Respondent(s):

Nabil B. Abdel-Malek Law Offices, Beirut, Lebanon
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 7, 2012 - The Tribunal renders its award; attached to the Award is a Concurring Opinion of one of the Arbitrators.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

October 18, 2012 (Claimant(s))
Date of Constitution of ad hoc Committee:

November 8, 2012

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

President:

Emmanuel GAILLARD (French)
Members:

Michael C. PRYLES (Australian)
Andrés RIGO SUREDA (Spanish)

Party Representatives

Claimant(s):

Hatem, Kairouz, Messihi and Co. Law Firm, Beirut, Lebanon
Respondent(s):

H.E. Prime Minister and H.E. Minister of Justice, Beirut, Lebanon
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 15, 2013 - The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Award

Available on the ICSID Website

Decision on Jurisdiction (September 11, 2009) English (Original)

Award (June 7, 2012) English (Original)

(a) Original Proceeding

Date	Development
July 3, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
October 30, 2007	The Tribunal is constituted. Its members are: Hans van Houtte (Belgian), President; Alberto Feliciani (Italian); and Fadi Moghaizel (Lebanese).
December 13, 2007	The Tribunal holds a first session in Paris.
February 29, 2008	The Respondent files a memorial on jurisdiction.
April 30, 2008	The Claimant files a counter-memorial on jurisdiction.
June 30, 2008	The Respondent files a reply on jurisdiction.
August 29, 2008	The Claimant files a rejoinder on jurisdiction.
October 3, 2008	The Tribunal holds a pre-hearing conference by telephone.
October 16, 2008 - October 17, 2008	The Tribunal holds a hearing on jurisdiction in Paris.
September 11, 2009	The Tribunal issues a majority decision on jurisdiction.
October 29, 2009	The Tribunal issues a procedural order concerning the procedural calendar.
January 29, 2010	The Claimant files a memorial on the merits.
May 3, 2010	The Respondent files a counter-memorial on the merits.
August 3, 2010	The Claimant files a reply on the merits.
November 23, 2010	The Respondent files a rejoinder on the merits.
December 13, 2010	The Tribunal holds a pre-hearing conference with the parties by telephone.
December 16, 2010	The Tribunal issues a procedural order concerning the procedural calendar.
February 4, 2011	The Claimant files a submission pursuant to the Tribunal's procedural order of December 16, 2010.
February 10, 2011	The Respondent files observations on the Claimant's submission of February 4, 2011.
February 16, 2011	The Claimant files a response to the Respondent's observations of February 10, 2011.
March 3, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
June 16, 2011	The Respondent files a submission pursuant to the Tribunal's procedural order of December 16, 2010.
June 30, 2011	The Claimant produces evidence pursuant to the Tribunal's procedural order of December 16, 2010.
February 13, 2012	Following the resignation of arbitrator Alberto Feliciani, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
February 22, 2012	The Tribunal does not consent to the resignation of arbitrator Alberto Feliciani pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
March 16, 2012	Following the resignation of arbitrator Alberto Feliciani, Stephen M. Schwebel (U.S.) accepts his appointment as arbitrator, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(2).
March 16, 2012	The Tribunal is reconstituted. Its members are: Hans Van Houtte (Belgian), President, appointed by his co-arbitrators; Stephen M. Schwebel (U.S.), appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(2); and Fadi Moghaizel (Lebanese), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
May 1, 2012	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 7, 2012	The Tribunal renders its award; attached to the Award is a Concurring Opinion of one of the Arbitrators.

(b) Annulment Proceeding

Date	Development
October 18, 2012	The Secretary-General registers an application for annulment of the award filed by Toto Costruzioni Generali S.p.A.
November 8, 2012	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Emmanuel Gaillard (French), President; Michael C. Pryles (Australian), and Andrés Rigo Sureda (Spanish); all members appointed by the Chairman of the Administrative Council.
January 2, 2013	Toto Costruzioni Generali S.p.A. files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.
February 15, 2013	The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.