Case Details

Human Rights Defenders Inc., as assignee of Natale Palazzo, Rodolfo Scodeller and Antonio Basile v. Swiss Confederation (ICSID Case No. ARB/20/29)

Subject of Dispute:

Real estate development
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Hungary - Switzerland 1988 - La Convention d’établissement et consulaire entre la Suisse et l’Italie (1869)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Human Rights Defenders Inc. (Seychelles)
Respondent(s):

Swiss Confederation (Swiss)
Date Registered:

August 17, 2020
Date of Constitution of Tribunal:

January 13, 2021

Composition of Tribunal

President:

Daniel BETHLEHEM (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Gabriel BOTTINI (Argentine) - Appointed by the Chairman of the Administrative Council
Toby LANDAU (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Human Rights Defenders Inc., Bütschwil, Switzerland
Respondent(s):

State Secretariat for Economic Affairs, Bern, Switzerland
Lalive, Geneva, Switzerland
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 18, 2022 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

(a) Original Proceeding

Published Decisions

Order of Discontinuance

Available on the ICSID Website

Order of Discontinuance (January 18, 2022) English (Original)

(a) Original Proceeding

Date	Development
August 17, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
November 17, 2020	The Respondent files a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
November 30, 2020	Following appointment by the Respondent, Toby Landau (British) accepts his appointment as arbitrator.
January 13, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Gabriel Bottini (Argentine) accepts his appointment as arbitrator.
January 13, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Daniel Bethlehem (British) accepts his appointment as presiding arbitrator.
January 13, 2021	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Daniel Bethlehem (British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Gabriel Bottini (Argentine), appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; and Toby Landau (British), appointed by the Respondent.
January 29, 2021	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
March 12, 2021	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
March 22, 2021	The Tribunal issues Procedural Order No. 1 staying the proceeding for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
January 18, 2022	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).