Arbitral Digest

Matter

Eskosol S.p.A. in liquidazione v. Italian Republic (ICSID Case No. ARB/15/50)

Case no.
ARB/15/50
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 20 March 2017Arbitration

    20 March 2017Arbitration

    Decision on Respondent's Application Under Rule 41(5)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied Italy's application to dismiss Eskosol's claims for manifest lack of legal merit under Rule 41(5), ordered Italy to produce the Blusun award in full if it relied on it, and deferred costs.

    Supporting details

    1 authority · 6 participants
    Eskosol S.p.A. in liquidazione
    Italian Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean Kalicki
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Francisco Abriani

    Authorities cited

    1
    • Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italian Republic (ICSID Case No. ARB/14/3)
      case law

    23 days later · 23 days

  2. 12 April 2017Arbitration

    12 April 2017Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied Italy's request for provisional measures, including security for costs and disclosure, and deferred costs connected with the application.

    Supporting details

    6 participants
    Eskosol S.p.A. in liquidazione
    Italian Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean Kalicki
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Francisco Abriani

    2 years and 25 days later · 755 days

  3. 7 May 2019Arbitration

    7 May 2019Arbitration

    Decision on Italy's Request for Immediate Termination and Italy's Jurisdictional Objection Based on Inapplicability of the Energy Charter Treaty to Intra-EU Disputes

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied Italy's request for immediate termination and denied its jurisdictional objection based on the alleged inapplicability of the Energy Charter Treaty to disputes between investors and States of EU Member States. It deferred the remaining issues and costs.

    Supporting details

    1 authority · 7 participants
    Eskosol S.p.A. in liquidazione
    Italian Republic
    European Commission
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean Kalicki
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Francisco Abriani

    Authorities cited

    1
    • Achmea v. Slovak Republic (Case C-284/16)
      case law

    1 year, 3 months and 28 days later · 486 days

  4. 4 September 2020Arbitration

    4 September 2020Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's request for dismissal for lack of jurisdiction or inadmissibility, denied the Claimant's requests for declarations that Italy breached the Energy Charter Treaty or international law, and denied both parties' requests for costs.

    Supporting details

    6 participants
    Eskosol S.p.A. in liquidazione
    Italian Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean Kalicki
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Francisco Abriani

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Eskosol S.p.A. in liquidazione v. Italian Republic (ICSID Case No. ARB/15/50) · Matter