Case Details

Veolia Propreté SAS v. Italian Republic (ICSID Case No. ARB/18/20)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Veolia Propreté SAS (French)
Respondent(s):

Italian Republic (Italian)
Date Registered:

June 20, 2018
Date of Constitution of Tribunal:

January 15, 2019

Composition of Tribunal

President:

Eduardo ZULETA (Colombian) - Appointed by the Parties
Arbitrators:

Judith GILL (British) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Mayer Brown, Paris, France
Respondent(s):

Avvocatura Generale dello Stato, Rome, Italy
Ministero degli Affari Esteri e della Cooperazione Internazionale Servizio per gli affari giuridici del contenzioso diplomatico e dei trattati, Rome, Italy
Status of Proceeding:

Pending
Latest Development:

October 20, 2023 -
Each party files a post-hearing brief.

No References Available.

(a) Original Proceeding

Date	Development
June 20, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
September 24, 2018	Following appointment by the Claimant, Judith Gill (British) accepts her appointment as arbitrator.
September 26, 2018	Following appointment by the Respondent, Laurence Boisson de Chazournes (Swiss/French) accepts her appointment as arbitrator.
January 12, 2019	Following appointment by agreement of the parties, Eduardo Zuleta (Colombian) accepts his appointment as presiding arbitrator.
January 15, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President, appointed by agreement of the parties; Judith Gill (British), appointed by the Claimant; and Laurence Boisson de Chazournes (Swiss/French), appointed by the Respondent.
February 20, 2019	The proceeding is suspended until April 3, 2019, pursuant to the parties’ agreement.
March 6, 2019	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
March 12, 2019	The Tribunal issues a decision concerning the non-disputing party’s application of March 6, 2019.
April 4, 2019	The suspension of the proceeding is extended until June 3, 2019, pursuant to the parties’ agreement.
June 5, 2019	The suspension of the proceeding is further extended until December 2, 2019, pursuant to the parties’ agreement.
March 6, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 31, 2020	The Claimant files a memorial on the merits.
January 29, 2021	The Respondent files a counter-memorial on the merits and on jurisdiction.
February 24, 2021	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 3, 2021	Each party files observations on the non-disputing party’s application.
March 24, 2021	The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
May 28, 2021	Following exchanges, the Parties file requests for the Tribunal to decide on production of documents.
June 11, 2021	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 22, 2021	The Tribunal issues Procedural Order No. 4 concerning production of documents.
September 3, 2021	The Claimant files a reply on the merits and on jurisdiction.
February 21, 2022	The Respondent files a rejoinder on the merits and on jurisdiction.
April 22, 2023	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
May 9, 2023	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 9, 2023	The Claimant files observations on the Respondent’s request of May 9, 2023, and a request for the Tribunal to decide on the admissibility of new evidence.
May 9, 2023	The Respondent files observations on the Claimant’s request of May 9, 2023.
May 10, 2023	The Tribunal decides on the admissibility of new evidence.
April 13, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video-conference.
May 15, 2023 - May 19, 2023	The Tribunal holds a hearing on jurisdiction and the merits in Madrid.
June 30, 2023	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
October 20, 2023	Each party files a post-hearing brief.