Case Details

Silver Ridge Power BV v. Italian Republic (ICSID Case No. ARB/15/37)

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):

Silver Ridge Power BV (Dutch)
Respondent(s):

Italian Republic (Italian)
Date Registered:

August 11, 2015
Date of Constitution of Tribunal:

May 2, 2017

Composition of Tribunal

President:

Bruno SIMMA (Austrian, German) - Appointed by the Parties
Arbitrators:

O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Bernardo M. CREMADES (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dentons Europe, Paris, France
Pavia e Ansaldo, Milan, Italy
Respondent(s):

Avvocato Generale dello Stato, Rome, Italy
Ministerio degli Affari Esteri, Rome, Italy
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 26, 2021 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator O. Thomas Johnson.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (February 26, 2021) English (Original)

(a) Original Proceeding

Date	Development
August 11, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
June 28, 2016	The proceeding is suspended until January 16, 2017, pursuant to the parties’ agreement.
January 30, 2017	Following appointment by the Claimant, O. Thomas Johnson (U.S.) accepts his appointment as arbitrator.
March 1, 2017	Following appointment by the Respondent, Bernardo M. Cremades (Spanish) accepts his appointment as arbitrator.
May 2, 2017	Following appointment by agreement of the parties, Bruno Simma (German/Austrian) accepts his appointment as presiding arbitrator.
May 2, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bruno Simma (German/Austrian), President, appointed by agreement of the parties; O. Thomas Johnson (U.S.), appointed by the Claimant; and Bernardo Cremades (Spanish), appointed by the Respondent.
June 19, 2017	The Tribunal holds a first session by telephone conference.
July 10, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 29, 2017	The Claimant files a memorial on the merits.
February 2, 2018	The Respondent files a counter-memorial on the merits and a request to address the objections to jurisdiction as a preliminary question.
February 21, 2018	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
April 19, 2018	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 proceeding on the merits is suspended.
May 21, 2018	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
June 8, 2018	The Claimant files a counter-memorial on jurisdiction.
July 27, 2018	The Respondent files a reply on jurisdiction.
September 14, 2018	The Claimant files a rejoinder on jurisdiction.
October 1, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
October 9, 2018	Each party files observations on the non-disputing party’s application.
October 12, 2018	The Tribunal decides on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
October 17, 2018	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
October 29, 2018	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
November 1, 2018	The Tribunal holds a hearing on jurisdiction in Paris.
November 26, 2018	The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
March 22, 2019	The Claimant files a reply on the merits.
June 18, 2019	The Respondent files a request for the Tribunal to suspend the proceeding.
June 28, 2019	The Claimant files observations on the Respondent’s request of June 18, 2019.
June 28, 2019	The Respondent files a rejoinder on the merits.
July 8, 2019	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request to suspend the proceeding.
July 11, 2019	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
August 9, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
August 13, 2019	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
August 14, 2019	The Claimant files observations on the Respondent’s request of August 9, 2019.
August 21, 2019	The Tribunal decides on the Respondent’s request of August 9, 2019.
September 23, 2019 - September 26, 2019	The Tribunal holds a hearing on the merits in Paris.
November 8, 2019	Each party files a post-hearing brief.
November 22, 2019	Each party files a reply post-hearing brief.
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 a submission on costs.
March 30, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 31, 2020	The Tribunal decides on the admissibility of new evidence.
September 21, 2020	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
September 22, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 9, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 26, 2021	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator O. Thomas Johnson.