Arbitral Digest

Matter

Beg S.p.a. v. ENELPOWER S.p.a.

  1. 25 November 2002Arbitration

    25 November 2002Arbitration

    Award of the Arbitration Chamber of the Rome Chamber of Commerce dated 25 November 2002

    Arbitration Chamber of the Rome Chamber of Commerce (ACR)

    Decision summary
    On 25 November 2002, the Arbitration Chamber of the Rome Chamber of Commerce made an award against Beg S.p.a., dismissing its claims; the arbitrator appointed by Beg S.p.a., G.G., refused to sign.

    Supporting details

    5 participants
    Beg S.p.a.
    ENELPOWER S.p.a.
    Arbitration Chamber of the Rome Chamber of Commerce (ACR)
    Arbitrator
    N.I.
    Arbitrator
    G.G.

    2 years, 3 months and 17 days later · 840 days

  2. 14 March 2005Italy

    14 March 2005Italy

    Judgment of the Rome District Court on Beg S.p.a.'s negligence claim against the Arbitration Chamber of the Rome Chamber of Commerce dated 14 March 2005

    Rome District Court

    Decision summary
    On 14 March 2005, the Rome District Court dismissed Beg S.p.a.'s EUR 374,482.91 negligence claim against the Arbitration Chamber of the Rome Chamber of Commerce, holding that the ACR was not responsible for N.I.'s failure to disclose a conflict and had no duty to obtain an express negative disclosure from the arbitrators.

    Supporting details

    2 participants
    Beg S.p.a.
    Arbitration Chamber of the Rome Chamber of Commerce
    Rome District Court

    4 years and 24 days later · 1485 days

  3. 7 April 2009Italy

    7 April 2009Italy

    Judgment of the Rome Court of Appeal on Beg S.p.a.'s challenge to the arbitral award dated 7 April 2009

    Rome Court of Appeal

    Decision summary
    On 7 April 2009, the Rome Court of Appeal dismissed Beg S.p.a.'s challenge to the 25 November 2002 arbitral award, holding that the award was validly adopted and signed by the majority and that the alleged lack of impartiality could not invalidate it.

    Supporting details

    2 participants
    Beg S.p.a.
    ENELPOWER S.p.a.
    Rome Court of Appeal

    1 year, 7 months and 8 days later · 587 days

  4. 15 November 2010Italy

    15 November 2010Italy

    Judgment of the Italian Court of Cassation on Beg S.p.a.'s appeal from the Rome Court of Appeal dated 15 November 2010

    Court of Cassation

    Decision summary
    On 15 November 2010, the Court of Cassation dismissed Beg S.p.a.'s appeal with final effect. It accepted that the impartiality objection had been raised in time during the arbitration, but held that no link showing an alignment of interests between N.I. and ENELPOWER in the dispute had been demonstrated.

    Supporting details

    2 participants
    Beg S.p.a.
    ENELPOWER S.p.a.
    Court of Cassation

    10 years, 6 months and 5 days later · 3839 days

  5. 20 May 2021International

    20 May 2021International

    Chamber judgment of the European Court of Human Rights in the case Beg S.p.a. v. Italy (application no. 5312/11) dated 20 May 2021

    European Court of Human Rights

    Case no.
    Application no. 5312/11
    Decision summary
    On 20 May 2021, the European Court of Human Rights found unanimously that Italy violated Article 6 § 1 because the arbitration panel was not objectively impartial in light of arbitrator N.I.'s close professional ties to ENEL and ENELPOWER. It awarded Beg S.p.a. EUR 15,000 for non-pecuniary damage and EUR 35,000 for costs and expenses.

    Supporting details

    1 authority · 10 participants
    Beg S.p.a.
    Italy
    European Court of Human Rights
    Other
    Institutional administrator
    Renata Degener

    Authorities cited

    1
    • European Convention on Human Rights
      treaty
  6. Date not availableItaly

    Date not availableItaly

    Decisions of the President of the Rome District Court concerning withdrawal of N.I.

    Rome District Court

    Decision summary
    On 20 February 2003 and 29 April 2003, the President of the Rome District Court dismissed Beg S.p.a.'s requests to withdraw N.I. as inadmissible because they were out of time; the latter decision also considered it unlikely that the parties had been unaware of N.I.'s professional activities.

    Supporting details

    1 participant
    Beg S.p.a.
    Rome District Court

Matter record

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Beg S.p.a. v. ENELPOWER S.p.a. · Matter