Arbitral Digest

Matter

Salini Costruttori S.p.A. and Italstrade S.p.A. v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/02/13)

Case no.
ARB/02/13
Applicable rules
ICSID Arbitration Rules
  1. 29 November 2004Arbitration

    29 November 2004Arbitration

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously decided that it had jurisdiction over the Claimants' claims that Jordan breached Articles 2(3) and 2(4) of the Italy-Jordan Bilateral Investment Treaty by refusing to accede to the request to refer the dispute to arbitration under Article 67(3) of the Contract. It had no jurisdiction over the other claims, ordered continuation of the procedure, and reserved questions concerning costs and expenses.

    Supporting details

    13 authorities · 7 participants
    Salini Costruttori S.p.A.
    Italstrade S.p.A.
    The Hashemite Kingdom of Jordan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Ian Sinclair
    Tribunal secretary
    Ucheora Onwuamaegbu

    Authorities cited

    13
    • Jordan Valley Development Law No. 19 of 1998 (Jordan Law No. 19 of 1998)
      statute
    • Emilio Agustin Maffezini v. Kingdom of Spain (ICSID Case No. ARB/97/7)
      case law
    • SGS Societe Generale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/13)
      case law
    • SGS Societe Generale de Surveillance S.A. v. Republic of the Philippines (ICSID Case No. ARB/02/6)
      case law
    • Compania de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Republic (Decision on Annulment, 3 July 2002)
      case law
    • Consortium RFCC v. Kingdom of Morocco (ICSID Case No. ARB/00/6)
      case law
    • Wena Hotels Ltd v. Arab Republic of Egypt (ICSID Case No. ARB/98/4, 25 May 1999)
      case law
    • Joy Mining Machinery Limited v. Arab Republic of Egypt (ICSID Case No. ARB/03/11, 6 August 2004)
      case law
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Italy-Jordan Bilateral Investment Treaty (Agreement between the Government of the Italian Republic and the Government of the Hashemite Kingdom of Jordan on the Promotion and Protection of Investments)
      statute
    • Oil Platforms (Islamic Republic of Iran v. United States of America) (I.C.J. Reports 1996)
      case law
    • Legality of Use of Force (Yugoslavia v. Italy) (I.C.J. Reports 1999-I)
      case law
    • Ambatielos (I.C.J. Reports 1953)
      case law

    4 months and 8 days later · 128 days

  2. 6 April 2005Arbitration

    6 April 2005Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal approved the parties' agreed timetable for written pleadings on the merits and ordered a hearing in Paris on 20 and 21 September 2005.

    Supporting details

    4 participants
    Salini Costruttori S.p.A.
    Italstrade S.p.A.
    The Hashemite Kingdom of Jordan
    International Centre for Settlement of Investment Disputes

    9 months and 25 days later · 300 days

  3. 31 January 2006Arbitration

    31 January 2006Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously dismissed the claim submitted by Salini Costruttori S.p.A. and Italstrade S.p.A. against the Hashemite Kingdom of Jordan in the merits memorial of 9 May 2005. It also dismissed Jordan's claim for fees, expenses, and charges. Each side was to bear its own expenses, and the parties were to share equally the fees and expenses of the Tribunal and the Centre's facility charges.

    Supporting details

    2 authorities · 11 participants
    Salini Costruttori S.p.A.
    Italstrade S.p.A.
    The Hashemite Kingdom of Jordan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Ian Sinclair
    Tribunal secretary
    Ucheora Onwuamaegbu
    Other

    Authorities cited

    2
    • SGS Societe Generale de Surveillance S.A. v. Republic of the Philippines (ICSID Case No. ARB/02/6)
      case law
    • Wena Hotels Ltd v. Arab Republic of Egypt (ICSID Case No. ARB/98/4)
      case law

Matter record

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Salini Costruttori S.p.A. and Italstrade S.p.A. v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/02/13) · Matter