Arbitral Digest

Matter

Durres Kurum Shipping SH. P.K. and others v. Republic of Albania (ICSID Case No. ARB/20/37)

Aliases: Durres-Kurum Shipping SH. P.K. and others v. Republic of Albania

Case no.
ARB/20/37
Seat
France
Applicable rules
ICSID Rules of Procedure for Arbitration Proceedings (2006)
  1. 26 July 2024France

    26 July 2024France

    Final Award dated 26 July 2024

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that it lacked jurisdiction over the claims asserted by Metal Commodities Foreign Trade Corp.; had jurisdiction over the claims asserted by Durres Kurum Shipping SH. P.K., Durres Container Terminal SH.A, and Altberg Developments LP; dismissed those claims; ordered the Claimants to bear 70% of the Respondent's costs and pay the Respondent USD 370,542.55 and EUR 1,583,512.00; and dismissed all other claims and requests.

    Supporting details

    6 authorities · 26 participants
    Durres Kurum Shipping SH. P.K.
    Representative
    Dr. Hamid G. Gharavi (For: Durres Kurum Shipping SH. P.K.)
    Representative
    Mr. Emmanuel Foy (For: Durres Kurum Shipping SH. P.K.)
    Representative
    Ms. Deborah Schneider (For: Durres Kurum Shipping SH. P.K.)
    Representative
    Mr. Rodrigo Vieira (For: Durres Kurum Shipping SH. P.K.)
    Durres Container Terminal SH.A
    Representative
    Derains & Gharavi (For: Durres Container Terminal SH.A)
    Representative
    Mr. Ugur Ates (For: Durres Container Terminal SH.A)
    Metal Commodities Foreign Trade Corp.
    Altberg Developments LP
    Republic of Albania
    Representative
    Mr. Dardan Mustafaj (For: Republic of Albania)
    Representative
    Mr. Odise Mocka (For: Republic of Albania)
    Representative
    Ms. Manuela Imeraj (For: Republic of Albania)
    Representative
    State Advocates Office (For: Republic of Albania)
    Representative
    Dr. Boris Kasolowsky (For: Republic of Albania)
    Representative
    Mr. Gregorio Pettazzi (For: Republic of Albania)
    Representative
    Ms. Enisa Halili (For: Republic of Albania)
    Representative
    Freshfields Bruckhaus Deringer (For: Republic of Albania)
    Representative
    Mr. Noah Rubins KC (For: Republic of Albania)
    Representative
    Ms. Katherine Khan (For: Republic of Albania)
    Prof. Dr. Maxi Scherer
    Mr. Aonkan Ghosh
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ms. Anna Holloway

    Authorities cited

    6
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Convention dated 18 March 1965)
      convention
    • United Kingdom-Albania Agreement for the Promotion and Protection of Investments (Agreement dated 30 March 1994)
      treaty
    • United States-Albania Treaty for the Promotion and Protection of Investments (Treaty dated 11 January 1995)
      treaty
    • Energy Charter Treaty (Treaty adopted on 17 December 1994)
      treaty
    • Vienna Convention on the Law of Treaties (Convention adopted on 22 May 1969)
      convention
    • Albanian Code of Civil Procedure (Approved on 29 March 1996)
      statute

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Durres Kurum Shipping SH. P.K. and others v. Republic of Albania (ICSID Case No. ARB/20/37) · Matter