Arbitral Digest

Matter

Impregilo S.p.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/03/3)

Case no.
ARB/03/3
Applicable rules
ICSID Rules of Procedure for Arbitration Proceedings
  1. 22 December 2003Arbitration

    22 December 2003Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the Claimant to file a limited memorial on the merits explaining the specific acts complained of, their dates, the legal basis of the claims, and the Article 9 settlement procedure. It maintained the agreed timetable for pleadings and a possible jurisdiction hearing.

    Supporting details

    3 participants
    Impregilo S.p.A.
    Islamic Republic of Pakistan
    International Centre for Settlement of Investment Disputes

    1 year and 4 months later · 487 days

  2. 22 April 2005Arbitration

    22 April 2005Arbitration

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously held that it had jurisdiction ratione personae only over Impregilo's claims concerning its own alleged loss, at most proportionate to its participation in the joint venture. It held that it had no jurisdiction ratione materiae over the Contract Claims or claims concerning unforeseen geological conditions, could consider certain alleged contract breaches as possible breaches of Articles 2(2) and 5 of the BIT if the stated criteria were met, and would determine jurisdiction over other Treaty Claims at the merits stage. The BIT did not apply to acts or situations before 22 June 2001. The Tribunal ordered continuation of the procedure and reserved costs.

    Supporting details

    9 authorities · 5 participants
    Impregilo S.p.A.
    Islamic Republic of Pakistan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Toby T. Landau

    Authorities cited

    9
    • Agreement between the Government of the Italian Republic and the Government of the Islamic Republic of Pakistan on the Promotion and Protection of Investments (Italy-Pakistan Bilateral Investment Treaty signed 19 July 1997)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      statute
    • Vienna Convention on the Law of Treaties (1969 Vienna Convention on the Law of Treaties)
      statute
    • Articles on Responsibility of States for Internationally Wrongful Acts (2001 ILC Articles on State Responsibility)
      statute
    • Societe Generale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/1, Decision on Objections to Jurisdiction, 6 August 2003)
      case-law
    • Societe Generale de Surveillance S.A. v. Republic of the Philippines (ICSID Case No. ARB/02/6, Decision on Jurisdiction, 29 January 2004)
      case-law
    • Emilio Agustin Maffezini v. Kingdom of Spain (ICSID Case No. ARB/97/7, Decision on Jurisdiction, 25 January 2000)
      case-law
    • Consortium RFCC v. Kingdom of Morocco (ICSID Case No. ARB/00/6, Award, 22 December 2003)
      case-law
    • Metalclad Corporation v. United Mexican States (ICSID Case No. ARB(AF)/97/1)
      case-law

    5 months and 3 days later · 156 days

  3. 25 September 2005Arbitration

    25 September 2005Arbitration

    Order of Discontinuance of the Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    Pursuant to Arbitration Rule 44 and following the parties' settlement, the Tribunal took note of the discontinuance of the proceeding.

    Supporting details

    4 participants
    Impregilo S.p.A.
    Islamic Republic of Pakistan
    Ghazi-Barotha Contractors (GBC)
    International Centre for Settlement of Investment Disputes

Matter record

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Impregilo S.p.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/03/3) · Matter