Case Details

Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. v. Republic of Albania (ICSID Case No. ARB/14/26)

Subject of Dispute:

Waste management and renewable energy production project
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):

Albaniabeg Ambient Sh.p.k (Albanian), Costruzioni S.r.l. (Italian), M. Angelo Novelli (Italian)
Respondent(s):

Republic of Albania (Albanian)
Date Registered:

November 7, 2014
Date of Constitution of Tribunal:

March 19, 2015

Composition of Tribunal

President:

Richard AIKENS (British) - Appointed by Co-Arbitrators
Arbitrators:

John M. TOWNSEND (U.S.) - Appointed by the Claimant(s)
Leonard HOFFMANN (British) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

David D. CARON (U.S.) - Appointed by Co-Arbitrators
Arbitrators:

John M. TOWNSEND (U.S.) - Appointed by the Claimant(s)
Leonard HOFFMANN (British) - Appointed by the Respondent(s)
Reconstituted:

April 19, 2018: Richard AIKENS (British) appointed following the passing away of David D. CARON (U.S.)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan, Paris, France, and New York, NY, U.S.A.
Scemla Loizon Veverka & de Fontmichel, Paris, France
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 20, 2020 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 24, 2020 (Claimant(s))
Date of Constitution of ad hoc Committee:

October 15, 2020

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

President:

Doug JONES (Australian, Irish)
Members:

Dyalá JIMÉNEZ FIGUERES (Costa Rican)
Johan SIDKLEV (Swedish)

Party Representatives

Claimant(s):

AARPI Mourre Gutierrez Chessa & Associés, Paris, France
Aksel Doruk, Marseille, France
Respondent(s):

State Advocate General of the Republic of Albania, Tirana, Albania
Siddharth Dhar, London, U.K.
Gowling WLG, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 6, 2022 - The ad hoc Committee issues its decision on annulment.

No References Available.

(a) Original Proceeding

Date	Development
November 7, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
February 17, 2015	Following appointment by the Claimants, John Townsend (U.S.) accepts his appointment as arbitrator. Following appointment by the Respondent, Leonard Hoffmann (British) accepts his appointment as arbitrator.
March 19, 2015	Following appointment by the co-arbitrators, David Caron (U.S.) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are David Caron (U.S.), President, appointed by his co-arbitrators; John Townsend (U.S.), appointed by the Claimants; and Leonard Hoffmann (British), appointed by the Respondent.
April 29, 2015	The Tribunal holds a first session in London.
June 1, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 31, 2015	The Claimants file a memorial on the merits.
December 14, 2015	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
January 21, 2016	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
February 11, 2016	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
February 18, 2016	As directed by the Tribunal, each party files observations on the schedule for the further written and oral procedure regarding liability and quantum.
March 21, 2016	The Tribunal issues Procedural Order No. 3 concerning the schedule for the further written and oral procedure regarding liability and quantum.
June 30, 2016	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
July 13, 2016	The Respondent files a memorial on jurisdiction and counter-memorial on the merits.
August 3, 2016	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
September 5, 2016	Each party files a request for the Tribunal to decide on production of documents.
September 19, 2016	The Tribunal issues Procedural Order No. 6 concerning production of documents.
November 5, 2016	The Claimants file a counter-memorial on jurisdiction and reply on the merits.
February 2, 2017	The Tribunal issues Procedural Order No. 7 concerning procedural matters. The Tribunal issues Procedural Order No. 8 concerning the procedural calendar.
February 10, 2017	The Respondent files a reply on jurisdiction and rejoinder on the merits.
March 6, 2017	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
April 4, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
April 26, 2017 - May 4, 2017	The Tribunal holds a hearing on jurisdiction and the merits in London.
May 5, 2017	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
May 18, 2017	The Tribunal issues Procedural Order No. 11 concerning the procedural calendar.
May 19, 2017	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
May 26, 2017	The Tribunal issues Procedural Order No. 12 concerning the Claimants’ request of May 19, 2017.
May 29, 2017	The Tribunal issues Procedural Order No. 13 concerning the procedural calendar.
May 31, 2017	The Claimants request for the Tribunal to decide on the participation of counsel.
June 7, 2017	The Tribunal issues Procedural Order No. 14 concerning the procedural calendar.
June 16, 2017	The Respondent files observations on the Claimants’ request of May 31, 2017.
June 28, 2017	The Claimants’ file a response to the Respondent’s observations of June 16, 2017.
February 20, 2018	Following the passing away of arbitrator David D. Caron (U.S.), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
April 18, 2018	Following the passing away of David D. Caron, Richard Aikens (British) accepts his appointment as President of the Tribunal, appointed by his co-arbitrators in accordance with ICSID Rule 11(1).
April 19, 2018	The Tribunal is reconstituted. Its members are Richard Aikens (British), President, appointed by his co-arbitrators in accordance with ICSID Arbitration Rule 11(1); John M. Townsend (U.S.), appointed by the Claimants; and Leonard Hoffman (British) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
January 24, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 20, 2020	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
July 24, 2020	The Secretary-General registers an application for partial annulment of the award filed by Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. and notifies the parties of the provisional stay of enforcement of the award.
October 15, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Doug Jones (Australian, Irish), President; Dyalá Jiménez Figueres (Costa Rican); and Johan Sidklev (Swedish); all members appointed by the Chairman of the Administrative Council.
November 23, 2020	The ad hoc Committee holds a first session by video conference.
November 24, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
December 14, 2020	The Republic of Albania files a request to terminate the stay of enforcement of the award.
January 6, 2021	Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. file observations on the Republic of Albania’s request to terminate the stay of enforcement of the award.
February 1, 2021	The Republic of Albania files a response to Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l.’s observations of January 6, 2021.
February 22, 2021	Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. file a rejoinder to the Republic of Albania’s response of February 1, 2021.
March 1, 2021	Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. file a memorial on annulment.
April 24, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
April 28, 2021	Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. file a request for the ad hoc Committee to decide on production of documents.
May 3, 2021	The Republic of Albania files observations on Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l.’s request for the ad hoc Committee to decide on production of documents.
May 5, 2021	Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. file a response to the Republic of Albania’s observations of May 3, 2021.
May 10, 2021	The ad hoc Committee issues Procedural Order No. 3 concerning production of documents.
May 17, 2021	The ad hoc Committee holds a hearing on the stay of enforcement of the award by video conference.
June 11, 2021	The Republic of Albania files a counter-memorial on annulment.
August 10, 2021	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
September 2, 2021	Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. file a request for the Tribunal to decide on the admissibility of new evidence.
September 8, 2021	The Republic of Albania files observations on Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l.’s request of September 2, 2021.
September 10, 2021	Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. file a response to the Republic of Albania’s observations of September 8, 2021.
September 14, 2021	The ad hoc Committee issues Procedural Order No. 4 concerning the admissibility of new evidence.
September 17, 2021	Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. file a reply on annulment.
October 27, 2021	The ad hoc Committee issues Procedural Order No. 5 concerning the organization of the hearing.
December 2, 2021	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
December 6, 2021	The ad hoc Committee issues Procedural Order No. 6 concerning the organization of the hearing.
January 17, 2022 - January 18, 2022	The ad hoc Committee holds a hearing on annulment by video conference.
March 3, 2022	Each party files a statement of costs.
April 14, 2022	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
May 6, 2022	The ad hoc Committee issues its decision on annulment.