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

Procedural record

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.

   Participants

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Juan Fernandez-Armesto

   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.

   Participants

   Encavis AG

   Italian Republic

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Juan Fernandez-Armesto

   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.

   Participants

   Encavis AG

   Italian Republic

   European Commission

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Juan Fernandez-Armesto

   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.

   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

   Juan Fernandez-Armesto

   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