Case Details

Suntech Power International Ltd. v. Italian Republic (ICSID Case No. ARB/23/14)

Subject of Dispute:

Renewable energy generation project
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):

Suntech Power International Ltd. (Swiss)
Respondent(s):

Italian Republic (Italian)
Date Registered:

April 27, 2023
Date of Constitution of Tribunal:

May 20, 2024

Composition of Tribunal

President:

Olufunke ADEKOYA (British, Nigerian) - Appointed by the Parties
Arbitrators:

David HUEBNER (U.S.) - Appointed by the Claimant(s)
Thomas CLAY (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Olufunke ADEKOYA (British, Nigerian) - Appointed by the Parties
Arbitrators:

David HUEBNER (U.S.) - Appointed by the Claimant(s)
Yves DERAINS (French) - Appointed by the Respondent(s)
Reconstituted:

October 11, 2024: Thomas CLAY (French) appointed following the disqualification of Yves DERAINS (French)

Party Representatives

Claimant(s):

Winston & Strawn, Chicago, IL, U.S.A.
Respondent(s):

Ministry of Foreign Affairs and International Cooperation, Service for Legal Affairs, Diplomatic Disputes, and International Agreements, Rome, Italy
Avvocatura Generale dello Stato, Rome, Italy
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

December 6, 2024 - The Tribunal issues Procedural Order No. 1 concerning procedural matters.

No References Available.

(a) Original Proceeding

Date	Development
April 27, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
August 1, 2023	Following appointment by the Claimant, David Huebner (U.S.) accepts his appointment as arbitrator.
August 2, 2023	Following appointment by the Respondent, Yves Derains (French) accepts his appointment as arbitrator.
May 20, 2024	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Olufunke Adekoya (British/Nigerian), President, appointed by agreement of the parties; David Huebner (U.S.), appointed by the Claimants; and Yves Derains (French), appointed by the Respondent.
May 20, 2024	Following appointment by agreement of the parties, Olufunke Adekoya (British/Nigerian) accepts her appointment as presiding arbitrator.
May 31, 2024	The Claimant files a proposal for disqualification of arbitrator Yves Derains. The proceeding is suspended in accordance with ICSID Arbitration Rule 22(2).
June 21, 2024	The Respondent files observations on the proposal for disqualification.
June 25, 2024	The arbitrator files a statement regarding the proposal for disqualification.
July 2, 2024	Each party files final observations on the proposal for disqualification.
August 19, 2024	The proposal for disqualification of arbitrator Yves Derains is upheld by the co-arbitrators. The Secretary-General notifies the parties of a vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 26(2).
October 11, 2024	Following the disqualification of arbitrator Yves Derains, Thomas Clay (French) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 26(3).
October 11, 2024	The Tribunal is reconstituted. Its members are: Olufunke Adekoya (British/Nigerian), President, appointed by agreement of the parties; David Huebner (U.S.), appointed by Claimants; and Thomas Clay (French), appointed by Respondent.
November 21, 2024	The Tribunal holds a first session by video conference.
December 6, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.