Case Details

Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italian Republic (ICSID Case No. ARB/14/3)

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):

Blusun S.A. (Belgian), Jean-Pierre Lecorcier (French), Michael Stein (German)
Respondent(s):

Italian Republic (Italian)
Date Registered:

February 21, 2014
Date of Constitution of Tribunal:

June 12, 2014

Composition of Tribunal

President:

James R. CRAWFORD (Australian) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dentons Europe, Paris, France
Respondent(s):

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

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 27, 2016 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

May 2, 2017
Date of Constitution of ad hoc Committee:

June 20, 2017

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

President:

Ricardo RAMÍREZ HERNÁNDEZ (Mexican)
Members:

Makhdoom Ali KHAN (Pakistani)
Hi-Taek SHIN (Korean)

Initial Composition of Tribunal

President:

Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Makhdoom Ali KHAN (Pakistani) - Appointed by the Chairman of the Administrative Council
Hi-Taek SHIN (Korean) - Appointed by the Chairman of the Administrative Council
Reconstituted:

May 18, 2018: Ricardo RAMÍREZ HERNÁNDEZ (Mexican) appointed following the resignation of Donald M. MCRAE (Canadian ,New Zealand)

Party Representatives

Claimant(s):

Dentons Europe, Paris, France
Respondent(s):

Avvocatura Generale dello Stato, Rome, Italy
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 13, 2020 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (December 27, 2016)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (April 13, 2020) English (Original)

(a) Original Proceeding

Date	Development
February 21, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
March 24, 2014	Following appointment by the Claimants, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
May 7, 2014	Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator.
June 12, 2014	Following appointment by the parties, James Crawford (Australian) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: James R. Crawford (Australian), President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimants; and Pierre-Marie Dupuy (French), appointed by the Respondent.
July 28, 2014	The Tribunal holds a first session by telephone conference.
July 30, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 31, 2014	The Claimants file a memorial on the merits.
December 19, 2014	The Respondent files a counter-memorial on the merits.
May 8, 2015	The Claimants file a reply on the merits.
October 16, 2015	The Respondent files a rejoinder on the merits.
October 23, 2015	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
October 28, 2015	Each party files observations on the non-disputing party’s application.
October 30, 2015	The Tribunal allows a non-disputing party to supplement its application of October 23, 2015.
October 30, 2015	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
November 4, 2015	The Respondent files observations on the Claimants’ request of October 30, 2015.
November 5, 2015	The Tribunal decides on the admissibility of new evidence.
November 12, 2015	The non-disputing party supplements its application of October 23, 2015.
November 13, 2015	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
November 18, 2015	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
January 22, 2016	The Respondent files further observations on the non-disputing party’s application.
February 26, 2016	The Claimants file further observations on the non-disputing party’s application.
March 19, 2016	The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
April 25, 2016 - April 28, 2016	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
June 21, 2016	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
June 21, 2016 - June 22, 2016	The Tribunal holds a further hearing on jurisdiction and the merits in Paris.
June 30, 2016	The Respondent files observations on the non-disputing party’s application.
July 1, 2016	The Claimants file observations on the non-disputing party’s application.
July 8, 2016	The Tribunal issues Procedural Order No. 5 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 18, 2016	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
August 1, 2016	The Claimants file a submission on costs.
November 22, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 27, 2016	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
May 2, 2017	The Secretary-General registers an application for annulment of the award filed by Blusun S.A., Jean-Pierre Lecorcier and Michael Stein.
June 20, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Donald McRae (Canadian, New Zealand), President; Makhdoom Ali Khan (Pakistani); and Hi-Taek Shin (Korean); all members appointed by the Chairman of the Administrative Council.
August 28, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
November 3, 2017	Blusun S.A., Jean-Pierre Lecorcier and Michael Stein file a memorial on annulment.
March 16, 2018	The Italian Republic files a counter-memorial on annulment.
March 23, 2018	Following the resignation of ad hoc Committee member Donald McRae, the Acting Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
May 18, 2018	The ad hoc Committee is reconstituted. Its members are: Ricardo Ramírez-Hernández (Mexican), President; Makhdoom Ali Khan (Pakistani); and Hi-Taek Shin (Korean); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12.
May 18, 2018	Blusun S.A., Jean-Pierre Lecorcier and Michael Stein file a reply on annulment.
July 20, 2018	The Italian Republic files a rejoinder on annulment.
April 11, 2019 - April 12, 2019	The ad hoc Committee holds a hearing on annulment in Paris.
June 7, 2019	Blusun S.A., Jean-Pierre Lecorcier and Michael Stein file a submission on costs.
June 19, 2019	The Italian Republic files a submission on costs.
April 3, 2020	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
April 13, 2020	The ad hoc Committee issues its decision on annulment.