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
No References Available.
(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. |