Arbitral Digest

Matter

Silver Ridge Power BV v. Italian Republic (ICSID Case No. ARB/15/37)

Case no.
ARB/15/37
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 26 February 2021France

    26 February 2021France

    Award dated 26 February 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously rejected all of the Respondent's jurisdictional objections. By majority it rejected the Claimant's claim concerning the Spalma-incentivi Decree under Article 10(1) of the Energy Charter Treaty, and unanimously rejected the Claimant's other liability claims concerning the Romani Decree, the Fourth and Fifth Energy Accounts, and Article 13(1) of the Treaty. Each Party was ordered to bear half of the costs of the arbitration, and both Parties' requests for an award of costs were denied apart from that allocation.

    Supporting details

    5 authorities · 48 participants
    Silver Ridge Power BV
    Representative
    Barton Legum (For: Silver Ridge Power BV)
    Representative
    Heiko Heppner (For: Silver Ridge Power BV)
    Representative
    Dentons Europe LLP (For: Silver Ridge Power BV)
    Representative
    Anne-Sophie Dufetre (For: Silver Ridge Power BV)
    Representative
    Jungmin Cho (For: Silver Ridge Power BV)
    Representative
    Ilektra Athanasiou-Ioannou (For: Silver Ridge Power BV)
    Representative
    Alexander Scholten (For: Silver Ridge Power BV)
    Representative
    Obioma Ofoego (For: Silver Ridge Power BV)
    Representative
    Pauline Weess (For: Silver Ridge Power BV)
    Representative
    Charles Chipchase (For: Silver Ridge Power BV)
    Representative
    Brian Potskowski (For: Silver Ridge Power BV)
    Expert
    Boaz Moselle (For: Silver Ridge Power BV)
    Expert
    Ruxandra Ciupagea (For: Silver Ridge Power BV)
    Expert
    Despina Doneva (For: Silver Ridge Power BV)
    Italian Republic
    Representative
    Michele Cicchetti (For: Italian Republic)
    Representative
    DWF (For: Italian Republic)
    Representative
    Gabriella Palmieri (For: Italian Republic)
    Representative
    Carlo Sica (For: Italian Republic)
    Representative
    Giacomo Aiello (For: Italian Republic)
    Representative
    Pietro Garofoli (For: Italian Republic)
    Representative
    Laura Delbono (For: Italian Republic)
    Representative
    Avvocatura dello Stato (For: Italian Republic)
    Representative
    Maria Chiara Malaguti (For: Italian Republic)
    Representative
    Sergio Fiorentino (For: Italian Republic)
    Representative
    Andrea Giordano (For: Italian Republic)
    Representative
    Giuditta Marra (For: Italian Republic)
    Representative
    Valerio Venturi (For: Italian Republic)
    Representative
    Cosimo Danilo Raimondi (For: Italian Republic)
    Representative
    Paolo Berisio (For: Italian Republic)
    Expert
    Corrado Gatti (For: Italian Republic)
    Expert
    Giacomo Rojas Elgueta (For: Italian Republic)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Bruno Simma
    Tribunal secretary
    Andreas Muller
    Tribunal secretary
    Francisco Abriani
    Institutional administrator
    Diana Burden
    Institutional administrator
    Anne-Marie Stallard
    Institutional administrator
    Daniela Ascoli
    Institutional administrator
    Monica Robiglio
    Other

    Authorities cited

    5
    • Energy Charter Treaty, 17 December 1994
      statute
    • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, 18 March 1965
      statute
    • Slovak Republic v. Achmea BV (Case C-284/16, EU:C:2018:158)
      case-law
    • Italian Legislative Decree No. 28/2011 (Legislative Decree No. 28/2011, 3 March 2011)
      statute
    • Italian Law Decree No. 91/2014 (Law Decree No. 91/2014, 24 June 2014)
      statute

Matter record

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Silver Ridge Power BV v. Italian Republic (ICSID Case No. ARB/15/37) · Matter