Case Details

Durres Kurum Shipping SH. P.K. and others v. Republic of Albania (ICSID Case No. ARB/20/37)

Subject of Dispute:

Container terminal enterprise
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Albania - United Kingdom of Great Britain and Northern Ireland 1994, BIT United States of America - Albania 1995
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Durres Kurum Shipping SH. P.K. (Albanian), Durres Container Terminal SH.A (Albanian), Metal Commodities Foreign Trade Corp. (U.S.), Altberg Developments LP (British)
Respondent(s):

Republic of Albania (Albanian)
Date Registered:

September 23, 2020
Date of Constitution of Tribunal:

June 15, 2021

Composition of Tribunal

President:

Maxi SCHERER (German) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Fernando MANTILLA-SERRANO (Colombian) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Derains & Gharavi, Paris, France
Respondent(s):

State Advocate General of the Republic of Albania, Tirana, Albania
Freshfields Bruckhaus Deringer, Frankfurt, Germany, Paris, France and Vienna, Austria
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 9, 2023 - The Tribunal issues Procedural Order No.11 concerning organization of the hearing.

No References Available.

(a) Original Proceeding

Date	Development
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.
September 7, 2023	The Tribunal issues Procedural Order No. 9 concerning the production of witnesses.
October 10, 2023	The Tribunal issues Procedural Order No. 10 concerning the production of witnesses.
November 9, 2023	The Tribunal issues Procedural Order No.11 concerning organization of the hearing.