Matter
Beg S.p.a. v. ENELPOWER S.p.a. (European Court of Human Rights Application no. 5312/11)
- 25 November 2002Arbitration
25 November 2002Arbitration
Arbitral award dated 25 November 2002, deposited 6 December 2002
Arbitration Chamber of the Rome Chamber of Commerce
- Decision summary
- The arbitral tribunal dismissed Beg S.p.a.'s claims against ENELPOWER S.p.a. arising from ENELPOWER's alleged breach of the cooperation agreement for the Albanian hydroelectric project.
Supporting details
6 participants18 days later · 18 days
- 13 December 2002Arbitration
13 December 2002Arbitration
ACR decision dated 13 December 2002 on Beg S.p.a.'s request for withdrawal of N.I.
Arbitration Chamber of the Rome Chamber of Commerce
- Decision summary
- The Arbitration Chamber of the Rome Chamber of Commerce dismissed Beg S.p.a.'s request for withdrawal of N.I. as out of time and because the award had become binding.
Supporting details
3 participants2 months and 7 days later · 69 days
- 20 February 2003Italy
20 February 2003Italy
Order of the Rome District Court dated 20 February 2003 concerning withdrawal of N.I.
Rome District Court
- Decision summary
- The President of the Rome District Court dismissed Beg S.p.a.'s request for withdrawal of arbitrator N.I. as inadmissible because it was lodged out of time.
Supporting details
2 participants2 months and 9 days later · 68 days
- 29 April 2003Italy
29 April 2003Italy
Order of the Rome District Court dated 29 April 2003 concerning a further withdrawal request
Rome District Court
- Decision summary
- The President of the Rome District Court dismissed as inadmissible Beg S.p.a.'s further request for withdrawal of N.I. on the same timing ground.
Supporting details
2 participants7 months and 20 days later · 234 days
- 19 December 2003Italy
19 December 2003Italy
Decision of the Rome District Court dated 19 December 2003 declaring the arbitral award enforceable
Rome District Court
- Decision summary
- The Rome District Court declared the arbitral award enforceable under Article 825 of the Italian Code of Civil Procedure.
Supporting details
2 participantsBeg S.p.a.
ENELPOWER S.p.a.
Rome District Court
1 year, 2 months and 23 days later · 451 days
- 14 March 2005Italy
14 March 2005Italy
Judgment of the Rome District Court dated 14 March 2005 concerning Beg S.p.a.'s claim against the ACR
Rome District Court
- Decision summary
- The Rome District Court dismissed Beg S.p.a.'s negligence claim against the Arbitration Chamber of the Rome Chamber of Commerce concerning the handling of the arbitrator conflict issue.
Supporting details
2 participantsBeg S.p.a.
Arbitration Chamber of the Rome Chamber of Commerce
Rome District Court
4 years and 24 days later · 1485 days
- 7 April 2009Italy
7 April 2009Italy
Judgment of the Rome Court of Appeal dated 7 April 2009 concerning the nullity appeal
Rome Court of Appeal
- Decision summary
- The Rome Court of Appeal dismissed Beg S.p.a.'s appeal challenging the validity of the arbitral award.
Supporting details
2 participantsBeg S.p.a.
ENELPOWER S.p.a.
Rome Court of Appeal
1 year, 7 months and 8 days later · 587 days
- 15 November 2010Italy
15 November 2010Italy
Judgment of the Court of Cassation dated 15 November 2010 concerning the nullity appeal
Court of Cassation
- Decision summary
- The Court of Cassation dismissed Beg S.p.a.'s nullity appeal against the arbitral award, including its complaint concerning N.I.'s impartiality.
Supporting details
1 authority · 2 participantsBeg S.p.a.
ENELPOWER S.p.a.
Court of Cassation
10 years, 6 months and 5 days later · 3839 days
- 20 May 2021International
20 May 2021International
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
- Decision summary
- The Court found a violation of Article 6 § 1 because the impartiality of N.I., an arbitrator appointed by ENELPOWER, was objectively open to doubt in light of his senior role and legal work for ENEL, ENELPOWER's parent company. The applicant had not unequivocally waived its right to an impartial tribunal.
Supporting details
8 authorities · 14 participantsBeg S.p.a.
- Representative
- Mr A. Saccucci (For: Beg S.p.a.)
- Representative
- Mr A.G. Lana (For: Beg S.p.a.)
- Representative
- Mr M. Desario (For: Beg S.p.a.)
Italian Republic
- Representative
- Ms M.G. Civinini (For: Italian Republic)
European Court of Human Rights
- Judge
- Ksenija Turković
- Judge
- Krzysztof Wojtyczek
- Judge
- Alena Poláčková
- Judge
- Péter Paczolay
- Judge
- Gilberto Felici
- Judge
- Erik Wennerström
- Judge
- Raffaele Sabato
Other
- Institutional administrator
- Renata Degener