Case Details
Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic (ICSID Case No. ARB/17/14)
-
Oil and gas exploration and production
-
Oil, Gas & Mining
-
ECT (Energy Charter Treaty)
-
ICSID Convention - Arbitration Rules
-
Rockhopper Mediterranean Ltd (British), Rockhopper Exploration Plc (British), Rockhopper Italia S.p.A. (Italian)
-
Italian Republic (Italian)
-
May 19, 2017
-
September 26, 2017
-
Klaus REICHERT (German, Irish) - Appointed by Co-Arbitrators
-
Charles PONCET (Swiss) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s) -
King & Spalding, London, U.K. and New York, NY, U.S.A.
-
Avvocatura Generale dello Stato, Rome, Italy
-
English
-
Concluded
-
August 23, 2022 - The Tribunal renders its award; attached to the award is an individual opinion by arbitrator Pierre-Marie Dupuy.
-
Respondent(s)
-
October 31, 2022
-
December 7, 2022
-
Michael D. NOLAN (U.S.)
-
-
King & Spalding, London, U.K. and New York, NY, U.S.A.
-
Avvocatura Generale dello Stato, Rome, Italy
-
English
-
Pending
-
October 1, 2024 - 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).
(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
(a) Original Proceeding
Date | Development |
---|---|
May 19, 2017 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 26, 2017 | Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator. |
July 27, 2017 | Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator. |
September 25, 2017 | Following appointment by his co-arbitrators with consultation with the parties, Klaus Reichert (German/Irish) accepts his appointment as presiding arbitrator. |
September 26, 2017 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Klaus Reichert (German/Irish), President, appointed by his co-arbitrators with consultation with the parties; Charles Poncet (Swiss), appointed by the Claimants; and Pierre-Marie Dupuy (French), appointed by the Respondent. |
November 22, 2017 | The Tribunal holds a first session by telephone conference. |
December 8, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
December 22, 2017 | The Claimants file a memorial on jurisdiction, liability and quantum. |
March 28, 2018 | The Respondent files objections to jurisdiction pursuant to ICSID Arbitration Rule 41(1) and a request to address the objections to jurisdiction as a preliminary question. |
April 3, 2018 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
April 10, 2018 | The Respondent files a reply on the request to address the objections to jurisdiction as a preliminary question. |
April 19, 2018 | The Tribunal issues a decision concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
May 4, 2018 | The Claimants file a response on the preliminary objections to jurisdiction. |
May 15, 2018 | The Respondent files a counter-memorial on the merits and memorial on jurisdiction. |
May 25, 2018 | The Respondent files a reply on the preliminary objections to jurisdiction. |
June 1, 2018 | The Claimants file a rejoinder on the preliminary objections to jurisdiction. |
July 2, 2018 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
August 6, 2018 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
October 1, 2018 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
October 11, 2018 | Each party files observations on the non-disputing party’s application. |
October 24, 2018 | The Claimants file a reply memorial on jurisdiction, liability and quantum. |
December 7, 2018 | The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2). |
December 14, 2018 | A non-disputing party files a request for reconsideration of Procedural Order No. 4. |
December 18, 2018 | The Tribunal issues Procedural Order No. 5 concerning the non-disputing party’s request of December 14, 2018. |
January 9, 2019 | The Respondent files a rejoinder on jurisdiction, liability and quantum. |
February 4, 2019 - February 8, 2019 | The Tribunal holds a hearing on jurisdiction, liability and quantum in Paris. |
February 28, 2019 | The Respondent files a post-hearing brief. |
March 4, 2019 | The Claimants file a post-hearing brief. |
March 26, 2019 | Each party files a submission on costs. |
June 18, 2019 | The Respondent files a request for the Tribunal to suspend the proceeding. |
June 24, 2019 | The Claimants file observations on the Respondent’s request of June 18, 2019. |
June 26, 2019 | The Tribunal issues a decision on jurisdiction and on the Respondent’s request of June 18, 2019. |
October 30, 2019 | The Tribunal holds a hearing on post-hearing briefs in Paris. |
September 29, 2021 | The Respondent files a request for reconsideration of the Tribunal's Decision of June 26, 2019. |
October 6, 2021 | The Claimants file observations on the Respondent’s request of September 29, 2021. |
December 20, 2021 | The Tribunal issues a Decision on the Italian Republic’s Request for Reconsideration of September 29, 2021. |
January 10, 2022 | Each party files an updated submission on costs. |
April 25, 2022 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
August 23, 2022 | The Tribunal renders its award; attached to the award is an individual opinion by arbitrator Pierre-Marie Dupuy. |
(b) Annulment Proceeding
Date | Development |
---|---|
October 31, 2022 | The Acting 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. |
December 7, 2022 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Michael Nolan (U.S.), President; Eva Kalnina (Latvian); and Carita Wallgren-Lindholm (Finnish); all members appointed by the Chairman of the Administrative Council. |
January 10, 2023 | The ad hoc Committee holds a first session by video conference. |
January 24, 2023 | Italian Republic files a request to continue the stay of enforcement of the award. |
January 31, 2023 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
February 7, 2023 | Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration file observations on the Italian Republic’s request to continue the stay of enforcement of the award. |
February 14, 2023 | Italian Republic files a response on Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc’s observations of February 7, 2023. |
February 21, 2023 | Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc file a rejoinder on the Italian Republic’s request to continue the stay of enforcement of the award. |
March 6, 2023 | The ad hoc Committee holds a hearing on the stay of enforcement of the award. |
April 24, 2023 | The ad hoc Committee issues a decision on concerning the continuation of the stay of enforcement of the award. |
May 2, 2023 | Italian Republic files a memorial on annulment. |
July 10, 2023 | The ad hoc Committee issues Procedural Order No. 2 concerning the termination of the stay of enforcement of the award. |
July 25, 2023 | Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc file a counter-memorial on annulment. |
October 3, 2023 | Italian Republic files a Reply on annulment. |
December 8, 2023 | The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters. |
January 12, 2024 | Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc file a rejoinder on annulment. |
February 29, 2024 | The ad hoc Committee issues Procedural Order No. 4 on the organization of the hearing. |
April 11, 2024 - April 12, 2024 | The ad hoc Committee holds a hearing on annulment in Madrid. |
June 18, 2024 | Each party files a post hearing brief. |
September 9, 2024 | Each Party files a submission on costs. |
September 13, 2024 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
September 26, 2024 | Each party files observations on the non-disputing party’s application. |
October 1, 2024 | 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). |