Case Details
ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH, and InfraClass Energie 5 GmbH & Co. KG v. Italian Republic (ICSID Case No. ARB/16/5)
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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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ESPF Nr. 2 Austria Beteiligungs GmbH (Austrian), InfraClass Energie 5 GmbH (German), ESPF Beteiligungs GmbH (German)
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Italian Republic (Italian)
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March 8, 2016
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July 26, 2016
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Henri C. ÁLVAREZ (Canadian) - Appointed by Co-Arbitrators
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Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s) -
King & Spalding, Paris, France, Frankfurt, Germany and Houston, TX, U.S.A.
Orrick, Herrington & Sutcliffe, Milan and Rome, Italy -
Avvocatura Generale dello Stato, Italian Republic
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English
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Concluded
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September 14, 2020 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by Laurence Boisson de Chazournes.
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Respondent(s)
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January 20, 2021
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May 3, 2021
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King & Spalding, Paris, France, Frankfurt, Germany, Houston, TX, U.S.A. and Atlanta, GA, U.S.A.
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Avvocatura Generale dello Stato, Italian Republic
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English
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Concluded
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July 31, 2023 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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March 8, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
May 25, 2016 | Following appointment by the Claimants, Michael C. Pryles (Australian) accepts his appointment as arbitrator. |
May 27, 2016 | Following appointment by the Respondent, Laurence Boisson de Chazournes (French/Swiss) accepts her appointment as arbitrator. |
July 25, 2016 | Following appointment by his co-arbitrators with consultation with the parties, Henri C. Alvarez (Canadian) accepts his appointment as presiding arbitrator. |
July 26, 2016 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Henri C. Alvarez (Canadian), President, appointed by his co-arbitrators with consultation with the parties; Michael C. Pryles (Australian), appointed by Claimants; and Laurence Boisson de Chazournes (French/Swiss), appointed by Respondent. |
October 31, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
January 17, 2017 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
February 1, 2017 | Each party files observations on the non-disputing party’s application. |
February 10, 2017 | The Claimants file a memorial on the merits. |
February 28, 2017 | The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2). |
June 9, 2017 | The Respondent files a counter-memorial on the merits and memorial on jurisdiction, including a request to address the objections to jurisdiction as a preliminary question. |
July 4, 2017 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
July 25, 2017 | The Respondent files a reply to address the objections to jurisdiction as a preliminary question. |
August 4, 2017 | The Claimants file a rejoinder to address the objections to jurisdiction as a preliminary question. |
August 15, 2017 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request its decision to address the objections to jurisdiction as a preliminary question. |
August 22, 2017 | The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2). |
November 10, 2017 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
March 9, 2018 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
April 27, 2018 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
April 27, 2018 | The Claimants file a rejoinder on jurisdiction. |
May 31, 2018 | The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
June 20, 2018 - June 23, 2018 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
August 7, 2018 | Each party files a post-hearing brief. |
February 4, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
February 19, 2019 | The Claimants file observations on the Respondent’s request of February 4, 2019, and files a request for the Tribunal to decide on the admissibility of new documents. |
February 27, 2019 | The Respondent files a reply to the Claimants’ observations of February 19, 2019, and a request for the Tribunal to decide on the admissibility of a new document. |
March 8, 2019 | The Claimants file observations on the Respondent’s reply of February 27, 2019. |
March 18, 2019 | The Tribunal decides on the Respondent’s requests of February 4 and February 27 and on the Claimants’ request of February 19, 2019. |
March 30, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
April 8, 2020 | The Claimants file observations on the Respondent’s request of March 30, 2020. |
April 13, 2020 | The Tribunal decides on the Respondent’s request of March 30, 2020. |
May 26, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
September 14, 2020 | The Tribunal renders its award; attached to the award is a partial dissenting opinion by Laurence Boisson de Chazournes. |
(b) Annulment Proceeding
Date | Development |
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January 20, 2021 | The Secretary-General registers an application for annulment of the award filed by the Italian Republic and notifies the parties of the provisional stay of enforcement of the award. |
May 3, 2021 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Jacomijn J. van Haersolte-van Hof (Dutch), President; D. Brian King (U.S.); and Ucheora Onwuamaegbu (British/Nigerian); all members appointed by the Chairman of the Administrative Council. |
May 26, 2021 | The Italian Republic files a request to continue the stay of enforcement of the award. |
June 9, 2021 | ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH, and InfraClass Energie 5 GmbH & Co. KG file observations on the Italian Republic’s request to continue the stay of enforcement of the award. |
June 17, 2021 | The ad hoc Committee holds a first session by videoconference. |
July 1, 2021 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
July 9, 2021 | The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award. |
July 9, 2021 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
July 30, 2021 | Each party files observations on the non-disputing party’s application. |
October 13, 2021 | The ad hoc Committee issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 18, 2021 | The Italian Republic files a memorial on annulment. |
February 17, 2022 | ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH, and InfraClass Energie 5 GmbH & Co. KG file a counter-memorial on annulment. |
April 22, 2022 | The Italian Republic files a reply on annulment. |
June 23, 2022 | ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH, and InfraClass Energie 5 GmbH & Co. KG file a rejoinder on annulment. |
September 9, 2022 | The Italian Republic files a request for the ad hoc Committee to decide on the admissibility of a new document. |
September 13, 2022 | ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH, and InfraClass Energie 5 GmbH & Co. KG file observations on the Respondent’s request of September 9, 2022. |
September 14, 2022 | The President holds a pre-hearing organizational meeting with the parties by video-conference. |
September 15, 2022 | The ad hoc Committee decides on the Italian Republic’s request of September 9, 2022. |
September 20, 2022 | The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing. |
September 30, 2022 - October 1, 2022 | The ad hoc Committee holds a hearing on annulment in Paris. |
October 28, 2022 | Each party files a post-hearing brief. |
May 10, 2023 | Each party files a submission on costs. |
May 30, 2023 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
July 31, 2023 | The ad hoc Committee issues its decision on annulment. |