Case Details

EMS Shipping & Trading GmbH v. Republic of Albania (ICSID Case No. ARB/23/9)

Subject of Dispute:

Concession agreement regarding a port
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Germany - Albania 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

EMS Shipping & Trading GmbH (German)
Respondent(s):

Republic of Albania (Albanian)
Date Registered:

April 7, 2023
Date of Constitution of Tribunal:

June 22, 2023

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Albert Jan VAN DEN BERG (Dutch) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Wagner Arbitration Partnerschaft von Rechtsanwälten mbB, Berlin, Germany
Respondent(s):

White & Case, Frankfurt, Germany
Prime Minister of the Republic of Albania, Tirana, Albania
State Advocate’s Office of the Republic of Albania, Tirana, Albania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 13, 2024 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 55(2)(a).

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Order of the Tribunal Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Procedural Order No. 1 (September 20, 2023) English (Original)

Procedural Order No. 2 (January 5, 2024) English (Original)

Procedural Order No. 3 (February 23, 2024) English (Original)

Order of the Tribunal Taking Note of the Discontinuance of the Proceeding (August 13, 2024) English (Original)

(a) Original Proceeding

Date	Development
April 7, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
June 5, 2023	Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
June 9, 2023	Following appointment by the Respondent, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
June 22, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by her co-arbitrators pursuant to the parties’ agreement; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Albert Jan van den Berg (Dutch), appointed by Respondent.
June 22, 2023	Following appointment by her co-arbitrators pursuant to the parties’ agreement, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
September 18, 2023	The Tribunal holds a first session by video conference.
September 20, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 24, 2023	The Claimant files a memorial on the merits.
January 5, 2024	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
January 19, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
February 9, 2024	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
February 23, 2024	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
May 18, 2024	The Respondent files a counter-memorial on the merits.
July 12, 2024	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
July 31, 2024	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 55(2)(a).
August 13, 2024	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 55(2)(a).