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:

Concluded
Outcome of Proceeding:

August 23, 2022 - The Tribunal renders its award; attached to the award is an individual opinion by arbitrator Pierre-Marie Dupuy.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

October 31, 2022
Date of Constitution of ad hoc Committee:

December 7, 2022

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Michael D. NOLAN (U.S.)
Members:

Eva KALNINA (Latvian)
Carita WALLGREN-LINDHOLM (Finnish)

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:

April 11, 2024 - April 12, 2024 - The ad hoc Committee holds a hearing on annulment in Madrid.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(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.