Case Details

Encavis AG and others v. Italian Republic (ICSID Case No. ARB/20/39)

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):

Encavis AG (German), Fano Solar 1 S.r.l. (Italian), DE Stern 10 S.r.l. (Italian), Solar Farm FC1 S.r.l. (Italian), Solar Farm FC3 S.r.l. (Italian), Alameda S.r.l. (Italian), Casette S.r.l. (Italian), Solar Energy S.r.l. (Italian), Oetzi S.r.l. (Italian), Vallone S.r.l. (Italian)
See attached full list of Claimants
Respondent(s):

Italian Republic (Italian)
Date Registered:

October 6, 2020
Date of Constitution of Tribunal:

February 16, 2021

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Wendy J. MILES (New Zealand) - Appointed by the Claimant(s)
Alexis MOURRE (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Washington, D.C., Houston, TX & Atlanta, GA, U.S.A. and Paris, France
Respondent(s):

Avvocato Generale dello Stato, Rome, Italy
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 11, 2024 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Decision on the Non-Disputing Party’s Application

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (May 21, 2022) English (Original)

Procedural Order No. 2 (May 21, 2022) English (Original)

Decision on the Non-Disputing Party’s Application (June 15, 2022) English (Original)

Award of the Tribunal (March 11, 2024) English (Original)

(a) Original Proceeding

Date	Development
October 6, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
December 16, 2020	Following appointment by the Claimants, Wendy Miles (New Zealand) accepts her appointment as arbitrator.
January 14, 2021	Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator.
February 16, 2021	Following appointment by agreement of the parties, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
February 16, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by agreement of the parties; Wendy Miles (New Zealand), appointed by the Claimants; and Alexis Mourre (French), appointed by the Respondent.
March 19, 2021	The Tribunal holds a first session by video conference.
May 21, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 21, 2021	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 20, 2021	The Claimants file a memorial on the merits.
November 15, 2021	The Respondent files a memorial on jurisdiction and counter-memorial on the merits.
April 27, 2022	The Claimants file a counter-memorial on jurisdiction and a reply on the merits.
May 11, 2022	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
May 26, 2022	Each party files observations on the non-disputing party’s application.
June 15, 2022	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 1, 2022	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
July 22, 2022	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
September 5, 2022	The Claimants file a rejoinder on jurisdiction.
September 15, 2022	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
October 10, 2022 - October 13, 2022	The Tribunal holds a hearing on jurisdiction and merits in London.
October 24, 2022	The Tribunal poses questions to the parties.
November 28, 2022	Each party files a post-hearing brief.
January 18, 2023	Each party files a submission on costs.
March 4, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 11, 2024	The Tribunal renders its award.