Case Details

Alpene Ltd v. Republic of Malta (ICSID Case No. ARB/21/36)

Subject of Dispute:

Banking enterprise
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Malta - China 2009
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Alpene Ltd (Chinese)
Respondent(s):

Republic of Malta (Maltese)
Date Registered:

July 2, 2021
Date of Constitution of Tribunal:

January 3, 2022

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

John M. TOWNSEND (U.S.) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Steptoe & Johnson, Washington, D.C., U.S.A.
Respondent(s):

Office of the State Advocate, Valletta, Malta
Alston & Bird, New York, U.S.A.
Ganado Advocates, Valletta, Malta
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 7, 2023 - Each party files a statement of costs.

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.
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.