Case Details

Enel, S.p.A. v. Republic of Türkiye (ICSID Case No. ARB/21/61)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Türkiye - Italy 1995
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Enel, S.p.A. (Italian)
Respondent(s):

Republic of Türkiye (Turkish)
Date Registered:

December 10, 2021
Date of Constitution of Tribunal:

October 17, 2022

Composition of Tribunal

President:

August REINISCH (Austrian) - Appointed by the Parties
Arbitrators:

J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Uria Menéndez Abogados, Madrid, Spain
Özgür Ünüvar Bakiler, Ankara, Türkiye
Respondent(s):

Directorate-General of Law and Legislation, Presidency of the Republic of Turkey, Ankara, Republic of Türkiye
Energy Marketing Regulatory Authority, Ankara, Republic of Türkiye
Lexist, Istanbul, Republic of Türkiye
Sovereign Arbitration Advisors, Washington, D.C., U.S.A.
Mahnaz Malik, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 19, 2024 - The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.

No References Available.

(a) Original Proceeding

Date	Development
December 10, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
February 22, 2022	Following appointment by the Claimant, J. William Rowley (British/Canadian) accepts his appointment as arbitrator.
April 12, 2022	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
October 17, 2022	Following appointment by agreement of the parties, August Reinisch (Austrian) accepts his appointment as presiding arbitrator.
October 17, 2022	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: August Reinisch (Austrian), President, appointed by agreement of the parties; J. William Rowley K.C. (British/Canadian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
November 28, 2022	The Tribunal holds a first session by video conference.
December 9, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 2, 2023	The Claimant files a memorial on the merits.
October 5, 2023	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
January 18, 2024	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
February 9, 2024	The Tribunal issues Procedural Order No. 2 concerning production of documents.
June 13, 2024	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
September 12, 2024	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
November 7, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
November 19, 2024	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.