Case Details

Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A. v. State of Kuwait (ICSID Case No. ARB/17/8)

Subject of Dispute:

Highway construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Kuwait - Italy 1987, BIT Kuwait - Spain 2005
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Rizzani de Eccher S.p.A. (Italian), Obrascón Huarte Lain S.A. (Spanish), Trevi S.p.A. (Italian)
Respondent(s):

State of Kuwait (Kuwaiti)
Date Registered:

March 3, 2017
Date of Constitution of Tribunal:

August 11, 2017

Composition of Tribunal

President:

Cavinder BULL (Singaporean) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

De Berti Jacchia Franchini Forlani, Milan, Italy
Dechert, Paris, France
King & Spalding, Paris, France
Respondent(s):

Curtis Mallet-Prevost, Colt & Mosle, London, U.K. and Mexico City, Mexico
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 15, 2022 - The Tribunal renders its Award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

March 23, 2023
Date of Constitution of ad hoc Committee:

June 7, 2023

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

President:

Dominique HASCHER (French)
Members:

Bertha COOPER-ROUSSEAU (Bahamian)
Bernardo SEPÚLVEDA AMOR (Mexican)

Party Representatives

Claimant(s):

Wordstone Dispute Resolution AARPI, Paris, France
GNCI Law, Madrid, Spain
Respondent(s):

Curtis Mallet-Prevost, Colt & Mosle, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

July 22, 2024 - The State of Kuwait files a rejoinder on annulment.

(a) Original Proceeding

Published Decisions

Decision on Provisional Measures (English;)

(a) Original Proceeding

Date	Development
March 3, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
April 12, 2017	The Claimants file a request for provisional measures.
May 8, 2017	Following appointment by the Claimants, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
May 10, 2017	The Respondent files observations on the Claimants’ request for provisional measures.
May 25, 2017	The Claimants file a response to the Respondent’s observations of May 10, 2017.
June 7, 2017	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
June 21, 2017	The Respondent files further observations on the Claimants’ response of May 25, 2017 and a request for provisional measures.
July 5, 2017	The parties file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
August 11, 2017	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Cavinder Bull (Singaporean) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Stanimir Alexandrov (Bulgarian), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent.
September 4, 2017	The Claimants file observations on the Respondent’s request for provisional measures.
October 2, 2017	The Respondent files a response to the Claimants’ observations of September 4, 2017.
October 27, 2017	The Claimants’ files further observations on the Respondent response of October 2, 2017.
November 3, 2017 - November 4, 2017	The Tribunal holds a first session and a hearing on provisional measures in Paris.
November 8, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 23, 2017	The Tribunal issues a decision on provisional measures.
April 3, 2018	The Claimants file a memorial on the merits.
April 16, 2018	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 30, 2018	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
May 11, 2018	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
December 14, 2018	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
May 17, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
June 12, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
October 4, 2019	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
June 9, 2020	The Respondent files an application for disqualification of an expert.
June 18, 2020	The Claimants file observations on the Respondent’s application of June 9, 2020.
July 24, 2020	The Tribunal issues Procedural Order No. 4 concerning the Respondent’s proposal for disqualification of an expert.
January 11, 2021	The Tribunal issues Procedural Order No. 5 concerning the production of documents.
May 25, 2021	The Respondent files a reply on jurisdiction.
June 2, 2021	The Respondent files a rejoinder on the merits.
July 20, 2021	The Claimants file a rejoinder on jurisdiction.
September 7, 2021	The President holds a pre-hearing organizational meeting with the parties by video conference.
September 11, 2021	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
September 22, 2021	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
September 27, 2021 - October 8, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
October 6, 2021	The Claimants file a request for provisional measures.
October 8, 2021	The Respondent makes observations on the Claimants’ request for provisional measures.
October 9, 2021	The Tribunal decides on the Claimants’ request for provisional measures.
October 13, 2021	The Respondent files further observations on the Claimants’ request for provisional measures.
October 20, 2021	The Claimants file a reply on provisional measures.
October 26, 2021	The Respondent files a rejoinder on provisional measures.
November 17, 2021	The Tribunal issues a decision on provisional measures.
December 8, 2021	Each party files a post-hearing brief.
September 5, 2022	Each party file a submission on costs.
December 7, 2022	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 15, 2022	The Tribunal renders its Award.

(b) Annulment Proceeding

Date	Development
March 23, 2023	The Secretary-General registers an application for partial annulment of the award filed by Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A. and notifies the parties of the provisional stay of enforcement of the award.
June 7, 2023	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dominique Hascher (French), President; Bertha Cooper-Rousseau (Bahamian); and Bernardo Sepúlveda Amor (Mexican); all members appointed by the Chairman of the Administrative Council.
July 20, 2023	Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A. file a request for continuation of the stay of enforcement of the award.
August 10, 2023	The State of Kuwait files observations on Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A.’s request for continuation of stay of enforcement of the award of July 20, 2023.
August 31, 2023	The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award by video conference.
September 28, 2023	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 11, 2023	The ad hoc Committee issues Procedural Order No. 2 concerning the continuation of the stay of enforcement of the award.
December 15, 2023	Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A. file a memorial on annulment.
March 18, 2024	The State of Kuwait files a counter-memorial on annulment.
May 20, 2024	Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A. file a reply on annulment.
July 22, 2024	The State of Kuwait files a rejoinder on annulment.