Case Details
Durres Kurum Shipping SH. P.K. and others v. Republic of Albania (ICSID Case No. ARB/20/37)
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Container terminal enterprise
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Transportation
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BIT Albania - United Kingdom of Great Britain and Northern Ireland 1994, BIT United States of America - Albania 1995
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ICSID Convention - Arbitration Rules
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Durres Kurum Shipping SH. P.K. (Albanian), Durres Container Terminal SH.A (Albanian), Metal Commodities Foreign Trade Corp. (U.S.), Altberg Developments LP (British)
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Republic of Albania (Albanian)
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September 23, 2020
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June 15, 2021
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Maxi SCHERER (German) - Appointed by the Chairman of the Administrative Council
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Fernando MANTILLA-SERRANO (Colombian) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - Appointed by the Respondent(s) -
Derains & Gharavi, Paris, France
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State Advocate General of the Republic of Albania, Tirana, Albania
Freshfields Bruckhaus Deringer, Frankfurt, Germany, Paris, France and Vienna, Austria -
English
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Concluded
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July 26, 2024 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Excerpts of the Award
Available on the ICSID Website
Excerpts of the Award (July 26, 2024) English (Original)
(a) Original Proceeding
Date | Development |
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September 23, 2020 | The Secretary-General registers a request for the institution of arbitration proceedings. |
January 9, 2021 | Following appointment by the Claimants, Fernando Mantilla-Serrano (Colombian) accepts his appointment as arbitrator. |
January 11, 2021 | Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator. |
January 27, 2021 | Philippe Sands withdraws his acceptance of his appointment as arbitrator. |
February 24, 2021 | Following appointment by the Respondent, Loretta Malintoppi (Italian) accepts her appointment as arbitrator. |
June 14, 2021 | Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Maxi Scherer (German) accepts her appointment as presiding arbitrator. |
June 15, 2021 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Maxi Scherer (German), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Fernando Mantilla-Serrano (Colombian), appointed by the Claimants; and Loretta Malintoppi (Italian), appointed by the Respondent. |
July 22, 2021 | The Tribunal holds a first session by video conference. |
August 3, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
August 27, 2021 | The Tribunal issues Procedural Order No. 2 concerning the procedural calendar. |
September 3, 2021 | The Claimants file a memorial on the merits. |
October 29, 2021 | The Respondent files a request for security for costs. |
October 29, 2021 | The Respondent files a request for security for costs. |
November 10, 2021 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
November 29, 2021 | The Tribunal issues Procedural Order No. 3 concerning the procedural calendar. |
December 8, 2021 | The Claimants file observations on the Respondent’s request for security for costs. |
December 8, 2021 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
December 22, 2021 | The Respondent files a response to the Claimants’ observations of December 8, 2021. |
January 11, 2022 | The Claimants file further observations on the Respondent’s response of December 22, 2021. |
February 7, 2022 | The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute. |
February 11, 2022 | The Tribunal issues Procedural Order No. 5 concerning the Respondent’s application for security for costs. |
February 14, 2022 | The parties filed a submission on the procedural calendar. |
March 4, 2022 | The Tribunal issues Procedural Order No. 6 concerning the procedural calendar. |
June 6, 2022 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
September 6, 2022 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
February 22, 2023 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
March 3, 2023 | The Tribunal issues Procedural Order No. 8 concerning the procedural calendar. |
June 30, 2023 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
July 31, 2023 | The Claimants file a rejoinder on jurisdiction. |
August 11, 2023 | The Claimants file a request for the Tribunal to order the production of witnesses. |
August 25, 2023 | The Respondent files observations on the Claimants’ request of August 11, 2023. |
September 7, 2023 | The Tribunal issues Procedural Order No. 9 concerning the production of witnesses. |
October 6, 2023 | Each party files observations concerning the production of witnesses. |
October 10, 2023 | The Tribunal issues Procedural Order No. 10 concerning the production of witnesses. |
October 31, 2023 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
November 9, 2023 | The Tribunal issues Procedural Order No. 11 concerning organization of the hearing. |
December 4, 2023 - December 7, 2023 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
December 15, 2023 | The Claimants file a request to present an ancillary claim. |
January 3, 2024 | The Respondent files observations on the Claimants’ request of December 15, 2023. |
January 12, 2024 | The Tribunal issues Procedural Order No. 12 concerning Claimants' application to introduce an ancillary claim. |
February 8, 2024 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
February 13, 2024 | The Respondent files observations on the Claimants’ request of February 8, 2024. |
February 19, 2024 | The Tribunal issues Procedural Order No. 13 concerning the admissibility of new evidence. |
March 5, 2024 | Each party files a post-hearing brief. |
March 12, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of aspects of the Claimants’ post-hearing brief. |
March 12, 2024 | The Claimants file observations on the Respondent’s request of March 12, 2024. |
April 2, 2024 | The Tribunal issues Procedural Order No. 14 concerning the Respondent’s request of March 12, 2024. |
April 22, 2024 | Each party files a submission on costs. |
April 30, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
July 26, 2024 | The Tribunal renders its award. |