Case Details
Eskosol S.p.A. in liquidazione v. Italian Republic (ICSID Case No. ARB/15/50)
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Renewable energy generation enterprise
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Electric Power & Other Energy
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ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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Eskosol S.p.A. in liquidazione (Italian)
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Italian Republic (Italian)
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December 22, 2015
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October 19, 2016
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Jean Engelmayer KALICKI (U.S.) - Appointed by the Parties
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Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Winston & Strawn, Chicago, IL, U.S.A. and London, U.K.
Stephenson Harwood, Hong Kong -
Avvocatura dello Stato, Rome, Italy
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English
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Concluded
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September 4, 2020 -
The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Respondent’s Application Under Rule 41(5)
Procedural Order No. 3
Decision on Termination Request and Intra-EU Objection
Award of the Tribunal
Available on the ICSID Website
Decision on Respondent’s Application Under Rule 41(5) (March 20, 2017) English (Original)
Procedural Order No. 3 (April 12, 2017) English (Original)
Decision on Termination Request and Intra-EU Objection (May 7, 2019) English (Original)
Award of the Tribunal (September 4, 2020) English (Original)
(a) Original Proceeding
Date | Development |
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December 22, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
March 15, 2016 | Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator. |
April 6, 2016 | Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator. |
June 25, 2016 | Pierre-Marie Dupuy withdraws his acceptance of his appointment as arbitrator. |
August 1, 2016 | Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator. |
October 19, 2016 | Following appointment by agreement of the parties, Jean Kalicki (U.S.) accepts her appointment as presiding arbitrator. |
October 19, 2016 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Jean Kalicki (U.S.), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent. |
November 18, 2016 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
December 2, 2016 | The Tribunal holds a first session by telephone conference. |
December 23, 2016 | The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
January 4, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
January 13, 2017 | The Respondent files a response to the Claimant’s observations of December 23, 2016. |
January 16, 2017 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
January 18, 2017 | The Respondent files a request for provisional measures. |
February 1, 2017 | The Claimant files a rejoinder on the Respondent’s preliminary objections under ICSID Arbitration Rule 41(5). |
February 3, 2017 | Each party files observations on the non-disputing party’s application. |
February 8, 2017 | The Tribunal holds a hearing on the Respondent’s preliminary objections under ICSID Arbitration Rule 41(5) in Paris. |
February 10, 2017 | The Tribunal issues Procedural Order No. 2 on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 3, 2017 | The Claimant files observations on the Respondent’s request for provisional measures. |
March 6, 2017 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 20, 2017 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
April 12, 2017 | The Tribunal issues Procedural Order No. 3 concerning provisional measures. |
May 9, 2017 | The Claimant files a memorial on the merits. |
July 7, 2017 | The Respondent files a request to address the objections to jurisdiction as a preliminary question and a memorial on jurisdiction. |
July 28, 2017 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
August 1, 2017 | The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
September 15, 2017 | The Tribunal issues Procedural Order No. 5 providing the reasons for its decision in Procedural Order No. 4 dated August 1, 2017. |
October 27, 2017 | The Respondent files a counter-memorial on the merits. |
March 2, 2018 | The Claimant files a reply on the merits. |
May 25, 2018 | The Respondent files a rejoinder on the merits. |
June 15, 2018 | The Claimant files a rejoinder on jurisdiction. |
July 3, 2018 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
July 5, 2018 | The Tribunal issues Procedural Order No. 7 concerning procedural matters. |
July 24, 2018 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
July 25, 2018 | The Claimant files observations on the Respondent’s request of July 24, 2018. |
July 26, 2018 | The Tribunal decides on the admissibility of new evidence. |
September 11, 2018 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
September 15, 2017 | The Tribunal issues Procedural Order No. 6 providing the reasons for its decision in Procedural Order No. 2 dated February 10, 2017. |
September 18, 2018 | The Respondent files observations on the Claimant’s request of September 11, 2018. |
September 18, 2018 | The Tribunal decides on the admissibility of new evidence. |
September 24, 2018 - September 26, 2018 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
November 20, 2018 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
December 17, 2018 | The Respondent files observations on the Claimant’s request of November 20, 2018. |
December 21, 2018 | Each party files a post-hearing brief. |
January 11, 2019 | Each party files a statement of costs. |
May 7, 2019 | The Tribunal issues a decision on jurisdiction. |
June 18, 2019 | The Respondent files a request for the Tribunal to suspend the proceeding. |
July 1, 2019 | The Claimant files observations on the Respondent’s request of June 18, 2019. |
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 observations on the Respondent’s request of December 6, 2019. |
December 17, 2019 | The Tribunal decides on the admissibility of new evidence. |
March 30, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 6, 2020 | The Claimant files observations on the Respondent’s request of March 30, 2020. |
April 8, 2020 | The Tribunal decides on the admissibility of new evidence. |
April 16, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 23, 2020 | The Claimant files observations on the Respondent’s request of April 16, 2020. |
May 18, 2020 | The Tribunal decides on the admissibility of new evidence. |
August 25, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
September 4, 2020 | The Tribunal renders its award. |