Case Details

Webuild S.p.A. (formerly Salini Impregilo S.p.A.) v. Republic of Panama (ICSID Case No. ARB/20/10)

Subject of Dispute:

Construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Panama - Italy 2009
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Webuild S.p.A. (formerly Salini Impregilo S.p.A.) (Italian)
Respondent(s):

Republic of Panama (Panamanian)
Date Registered:

April 1, 2020
Date of Constitution of Tribunal:

December 7, 2020

Composition of Tribunal

President:

Lucy REED (U.S.) - Appointed by the Secretary-General
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Hélène RUIZ FABRI (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, Washington, D.C., U.S.A.
Boies, Schiller & Flexner, Washington, D.C., U.S.A.
Respondent(s):

Arnold & Porter Kaye Scholer, Washington, D.C., and New York, N.Y., U.S.A.
Ministry of Economy and Finances, Panama, Republic of Panama
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

July 2, 2024 - The Claimant files a counter-memorial on preliminary objections and reply on the merits.

No References Available.

(a) Original Proceeding

Date	Development
April 1, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
April 8, 2020	The proceeding is suspended until May 6, 2020, pursuant to the parties’ agreement.
May 6, 2020	The proceeding is resumed pursuant to the parties’ agreement.
May 18, 2020	Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
May 29, 2020	Case caption is updated following Claimant’s change of its legal company name from Salini Impregilo S.p.A. to Webuild S.p.A.
June 17, 2020	Following appointment by the Respondent, Hélène Ruiz Fabri (French) accepts her appointment as arbitrator.
December 6, 2020	Following appointment by the parties, Lucy Reed (U.S.) accepts her appointment as presiding arbitrator.
December 7, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Lucy Reed (U.S.), President, appointed by the Secretary-General pursuant to the parties’ agreement; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Hélène Ruiz Fabri (French), appointed by the Respondent.
February 5, 2021	The Tribunal holds a first session by video conference.
February 16, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 25, 2021	The Claimant files a request to address the objections to jurisdiction as a preliminary question.
March 11, 2021	The Respondent files observations on the request to address the objections to jurisdiction as a preliminary question.
March 29, 2021	The Claimant files a reply to the Respondent’s observations of March 11, 2021.
April 12, 2021	The Tribunal issues a decision concerning the Claimant’s request to address the objections to jurisdiction as a preliminary question.
May 3, 2021	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
May 21, 2021	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
October 26, 2021	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
November 12, 2021	The Claimant files a memorial on the merits.
May 5, 2022	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
May 13, 2022	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
May 20, 2022	The Respondent files a reply on the request to address the objections to jurisdiction as a preliminary question.
May 27, 2022	The Claimant files a rejoinder on the request to address the objections to jurisdiction as a preliminary question.
June 28, 2022	The Tribunal issues a decision concerning the Respondent’s request to address an intended objection to jurisdiction as a preliminary question.
July 21, 2022	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
September 16, 2022	The Respondent files a memorial on preliminary objections and counter-memorial on the merits.
November 18, 2022	The Tribunal issues Procedural Order No. 6 concerning production of documents.
January 16, 2023	The Tribunal issues Procedural Order No. 7 concerning production of documents.
March 13, 2023	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 14, 2023	The Tribunal issues Procedural Order No. 8 concerning production of documents.
March 17, 2023	Each party files observations on the non-disputing party’s application.
March 28, 2023	The Tribunal issues Procedural Order No. 9 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 14, 2023	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
April 24, 2023	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
May 22, 2023	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
May 24, 2023	The Tribunal holds a case management conference with the parties by video conference.
May 25, 2023	The Tribunal issues Procedural Order No. 12 concerning the procedural calendar.
August 11, 2023	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
September 25, 2023	The Tribunal issues Procedural Order No. 14 concerning procedural matters.
November 6, 2023	The Tribunal issues Procedural Order No. 15 concerning procedural matters.
March 29, 2024	The Tribunal issues Procedural Order No. 16 concerning procedural matters.
April 15, 2024	The Tribunal issues Procedural Order No. 17 concerning procedural matters.
May 14, 2024	The Tribunal issues Procedural Order No. 18 concerning the procedural calendar.
July 2, 2024	The Claimant files a counter-memorial on preliminary objections and reply on the merits.