Case Details

Hamburg Commercial Bank AG v. Italian Republic (ICSID Case No. ARB/20/3)

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):

Hamburg Commercial Bank AG (German)
Respondent(s):

Italian Republic (Italian)
Date Registered:

January 21, 2020
Date of Constitution of Tribunal:

June 24, 2020

Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
Arbitrators:

Peter REES (British) - Appointed by the Claimant(s)
Gabriel BOTTINI (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Aurelius Cotta, Frankfurt, Germany
Respondent(s):

Avvocatura Generale dello Stato, Italian Republic
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

February 9, 2024 - Each party files a statement of costs.

No References Available.

(a) Original Proceeding

Date	Development
January 21, 2020	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
April 6, 2020	Following appointment by the Claimant, Peter Rees (British) accepts his appointment as arbitrator.
April 12, 2020	Following appointment by the Respondent, Gabriel Bottini (Argentine) accepts his appointment as arbitrator.
June 23, 2020	Following appointment by agreement of the parties, Laurent Lévy (Brazilian/Swiss) accepts his appointment as presiding arbitrator.
June 24, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Peter Rees (British), appointed by the Claimant; and Gabriel Bottini (Argentine), appointed by the Respondent.
July 30, 2020	The Tribunal holds a first session by video conference.
August 18, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 10, 2020	The Claimant files a memorial on the merits.
April 29, 2021	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
June 7, 2021	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
June 18, 2021	Each party files observations on the non-disputing party’s application.
July 8, 2021	The Claimant files a request for the Tribunal to decide on production of documents.
July 26, 2021	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 28, 2021	The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
September 8, 2021	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
September 14, 2021	The Tribunal issues Procedural Order No. 4 concerning production of documents.
February 3, 2022	The Claimant files a reply on the merits and counter-memorial on jurisdiction.
June 30, 2022	The Respondent files a rejoinder on the merits and reply on jurisdiction.
August 2, 2022	The Claimant files an application to submit an additional claim.
August 18, 2022	The Respondent files observations on the application of August 2, 2022.
August 31, 2022	The Tribunal decides on the Claimant’s application of August 2, 2022.
September 8, 2022	The Claimant files a rejoinder on jurisdiction and memorial on the additional claim.
November 16, 2022	The President holds a pre-hearing organizational meeting with the parties by video conference.
November 28, 2022	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
December 5, 2022 - December 7, 2022	The Tribunal holds a hearing on jurisdiction and liability in The Hague.
January 20, 2023	The Respondent files a counter-memorial on the additional claim.
March 3, 2023	The Claimant files a reply on the additional claim.
April 14, 2023	The Respondent files a rejoinder on the additional claim.
June 20, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
June 22, 2023	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
July 17, 2023 - July 19, 2023	The Tribunal holds a hearing on additional claim and quantum in London.
August 7, 2023	The Tribunal issues Procedural Order No. 7 concerning post-hearing matters.
November 10, 2023	Each party files a post-hearing brief.
December 22, 2023	Each party files a reply post-hearing brief.
February 9, 2024	Each party files a statement of costs.