Case Details

Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic (ICSID Case No. ARB/17/14)

Subject of Dispute:

Oil and gas exploration and production
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Rockhopper Mediterranean Ltd (British), Rockhopper Exploration Plc (British), Rockhopper Italia S.p.A. (Italian)
Respondent(s):

Italian Republic (Italian)
Date Registered:

May 19, 2017
Date of Constitution of Tribunal:

September 26, 2017

Composition of Tribunal

President:

Klaus REICHERT (German, Irish) - Appointed by Co-Arbitrators
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, London, U.K. and New York, NY, U.S.A.
Respondent(s):

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

English
Status of Proceeding:

Pending
Latest Development:

October 30, 2019 - The Tribunal holds a hearing on post-hearing briefs in Paris.

No References Available.

(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.