Case Details
Alpene Ltd v. Republic of Malta (ICSID Case No. ARB/21/36)
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Banking enterprise
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Finance
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BIT Malta - China 2009
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ICSID Convention - Arbitration Rules
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Alpene Ltd (Chinese)
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Republic of Malta (Maltese)
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July 2, 2021
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January 3, 2022
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Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
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John M. TOWNSEND (U.S.) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s) -
Steptoe & Johnson, Washington, D.C., U.S.A.
Alliance Law Partners, Washington, D.C., U.S.A. -
Office of the State Advocate, Valletta, Malta
Alston & Bird, New York, U.S.A.
Ganado Advocates, Valletta, Malta -
English
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Pending
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December 2, 2025 - The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
| Date | Development |
|---|---|
| July 2, 2021 | The Secretary-General registers a request for the institution of arbitration proceedings. |
| November 8, 2021 | Following appointment by the Claimant, John M. Townsend (U.S.) accepts his appointment as arbitrator. |
| November 17, 2021 | Following appointment by the Respondent, Toby Landau (British) accepts his appointment as arbitrator. |
| January 3, 2022 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; John M. Townsend (U.S.), appointed by the Claimant; and Toby Landau (British), appointed by the Respondent. |
| January 3, 2022 | Following appointment by agreement of the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator. |
| January 31, 2022 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| February 1, 2022 | The Tribunal holds a first session by video conference. |
| February 3, 2022 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| March 2, 2022 | The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| March 29, 2022 | The Tribunal issues Procedural Order No. 2 pertaining to the organization of the hearing. |
| April 7, 2022 | The Tribunal holds a hearing on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) by video conference. |
| May 6, 2022 | Each party files a submission on costs. |
| May 23, 2022 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| July 20, 2022 | The Claimant files a request for provisional measures. |
| August 22, 2022 | The Respondent files observations on the Claimant’s request for provisional measures. |
| September 13, 2022 | The Tribunal holds a hearing on provisional measures by video conference. |
| September 14, 2022 | The Tribunal decides on provisional measures. |
| November 3, 2022 | The Claimant files a renewed request for provisional measures. |
| November 15, 2022 | The Claimant files a memorial on the merits. |
| November 21, 2022 | The Respondent files observations on the Claimant’s renewed request for provisional measures. |
| December 6, 2022 | The Claimant files a response to the Respondent’s observations of November 21, 2022. |
| December 7, 2022 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
| December 9, 2022 | The Respondent files further observations on the Claimant’s renewed request for provisional measures. |
| January 6, 2023 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
| January 30, 2023 | The Tribunal holds a hearing on the Claimant’s renewed request for provisional measures and the Respondent’s request to address the objections to jurisdiction as a preliminary question by video conference. |
| February 7, 2023 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objection to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
| March 31, 2023 | The Respondent files a memorial on jurisdiction. |
| May 30, 2023 | The Claimant files a counter-memorial on jurisdiction. |
| July 11, 2023 | The Tribunal issues Procedural Order No. 4 concerning provisional measures. |
| July 14, 2023 | The Respondent files a reply on jurisdiction. |
| August 31, 2023 | The Claimant files a rejoinder on jurisdiction. |
| September 7, 2023 | The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing. |
| October 5, 2023 - October 6, 2023 | The Tribunal holds a hearing on jurisdiction by video conference. |
| November 7, 2023 | Each party files a statement of costs. |
| September 25, 2024 | The Tribunal issues a decision on jurisdiction. |
| February 25, 2025 | The Respondent files a counter-memorial on the merits and memorial on jurisdiction. |
| April 7, 2025 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
| April 22, 2025 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
| April 30, 2025 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| May 2, 2025 | The Respondent files observations on the non-disputing party’s application. |
| May 13, 2025 | The Claimant files observations on the non-disputing party’s application. |
| May 22, 2025 | The Claimant files a request for the Tribunal to decide on production of documents. |
| June 10, 2025 | The Tribunal issues Procedural Order No. 7 concerning the Claimant’s request of May 22, 2025. |
| July 16, 2025 | The Claimant files a reply on the merits and counter-memorial on jurisdiction. |
| July 18, 2025 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| August 10, 2025 | The Tribunal issues Procedural Order No. 8 concerning production of documents. |
| August 15, 2025 | Each party files observations on the non-disputing party’s application. |
| September 2, 2025 | The Tribunal issues Procedural Order No. 9 concerning the non-disputing parties’ application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| September 19, 2025 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
| September 26, 2025 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
| November 11, 2025 | The Claimant files a rejoinder on jurisdiction. |
| December 1, 2025 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
| December 2, 2025 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |

