Arbitral Digest

Matter

Encavis AG and others v. Italian Republic (ICSID Case No. ARB/20/39)

Case no.
ARB/20/39
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 21 May 2021France

    21 May 2021France

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable for the arbitration.

    Supporting details

    2 authorities · 6 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Wendy Miles
    Arbitrator
    Alexis Mourre
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Elizabeth Starkey
    Tribunal secretary
    Alba Briones

    Authorities cited

    2
    • Energy Charter Treaty, signed at Lisbon on 17 December 1994
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
  2. 21 May 2021France

    21 May 2021France

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued instructions for document production and provided for a special allocation of document-production costs in its later decision on costs.

    Supporting details

    1 authority · 7 participants
    Encavis AG
    Italian Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Wendy Miles
    Arbitrator
    Alexis Mourre
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Alba Briones

    Authorities cited

    1
    • International Bar Association Rules on the Taking of Evidence in International Arbitration (2010) (IBA Rules on the Taking of Evidence in International Arbitration (2010))
      academic

    1 year and 25 days later · 390 days

  3. 15 June 2022France

    15 June 2022France

    Decision on the European Commission's Application for Leave to Intervene as a Non-Disputing Party

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the European Commission leave to file a written submission as a non-disputing party on European Union law issues concerning the Respondent's intra-EU jurisdictional objection. It rejected access to the case file, pro tem attendance and oral argument, and a pro tem order requiring the Commission to bear additional intervention costs.

    Supporting details

    1 authority · 8 participants
    Encavis AG
    Italian Republic
    European Commission
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Wendy Miles
    Arbitrator
    Alexis Mourre
    Tribunal secretary
    Anneliese Fleckenstein
    Tribunal secretary
    Sofia de Sampaio Jalles

    Authorities cited

    1
    • Energy Charter Treaty, signed at Lisbon on 17 December 1994
      statute

    1 year, 8 months and 25 days later · 635 days

  4. 11 March 2024France

    11 March 2024France

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld the Centre's jurisdiction and the Tribunal's competence under the ICSID Convention and the Energy Charter Treaty. It found that the Italian Republic had not violated Article 10(1) of the Energy Charter Treaty or international law, awarded no compensation, allocated the administrative and defence costs between the parties, assigned the claimants the lodging fee, and dismissed the remaining relief sought.

    Supporting details

    3 authorities · 11 participants
    Encavis AG
    Representative
    Kenneth R. Fleuriet (For: Encavis AG)
    Representative
    Amy Roebuck Frey (For: Encavis AG)
    Italian Republic
    Representative
    Reginald R. Smith (For: Italian Republic)
    Representative
    Kevin D. Mohr (For: Italian Republic)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Wendy Miles
    Arbitrator
    Alexis Mourre
    Tribunal secretary
    Anneliese Fleckenstein
    Tribunal secretary
    Sofia de Sampaio Jalles

    Authorities cited

    3
    • Energy Charter Treaty, signed at Lisbon on 17 December 1994
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • Italian Constitutional Court Decision No. 16/2017 (Decision No. 16/2017)
      case-law

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Encavis AG and others v. Italian Republic (ICSID Case No. ARB/20/39) · Matter