Arbitral Digest

Matter

EMS Shipping & Trading GmbH v. Republic of Albania (ICSID Case No. ARB/23/9)

Case no.
ARB/23/9
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 20 September 2023France

    20 September 2023France

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural rules for the arbitration, adopted a procedural timetable, and set Paris as the place of the proceeding.

    Supporting details

    3 authorities · 5 participants
    EMS Shipping & Trading GmbH
    Republic of Albania
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Germany-Albania Treaty on the Encouragement and Reciprocal Protection of Investments (31 October 1991)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration (2020) (2020 IBA Rules)
      statute

    3 months and 16 days later · 107 days

  2. 5 January 2024France

    5 January 2024France

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted the transparency and confidentiality regime governing publication of awards, orders, decisions, filed documents, hearings, transcripts, and recordings.

    Supporting details

    1 authority · 5 participants
    EMS Shipping & Trading GmbH
    Republic of Albania
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute

    1 month and 18 days later · 49 days

  3. 23 February 2024France

    23 February 2024France

    Procedural Order No. 3 on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's Request for Bifurcation, directed the proceedings to continue under Scenario 2 of the Procedural Timetable, and reserved costs for a later stage.

    Supporting details

    16 authorities · 5 participants
    EMS Shipping & Trading GmbH
    Republic of Albania
    International Centre for Settlement of Investment Disputes

    Authorities cited

    16
    • Germany-Albania Treaty on the Encouragement and Reciprocal Protection of Investments (31 October 1991)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Salini Costruttori SPA and Italstrade SPA v. Kingdom of Morocco (ICSID Case No. ARB/00/4, Decision on Jurisdiction, 23 July 2001)
      case-law
    • Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/14/32, Decision on Jurisdiction, 29 June 2018)
      case-law
    • Romak S.A. (Switzerland) v. Republic of Uzbekistan (PCA Case No. 2007-07/AA280, Award, 26 November 2009)
      case-law
    • Clorox Spain SL v. Bolivarian Republic of Venezuela (PCA Case No. 2015-30, Award, 20 May 2019)
      case-law
    • Quiborax SA, Non Metallic Minerals SA and Allan Fosk Kaplun v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2, Decision on Jurisdiction, 27 September 2012)
      case-law
    • KT Asia Investment Group BV v. Republic of Kazakhstan (ICSID Case No. ARB/09/8, Award, 17 October 2013)
      case-law
    • Glamis Gold Ltd v. United States of America (UNCITRAL, Procedural Order No. 2 (Revised), 31 May 2005)
      case-law
    • Hope Services LLC v. Republic of Cameroon (ICSID Case No. ARB/20/2, Procedural Order No. 2, 19 October 2020)
      case-law
    • Rand Investments Ltd and others v. Republic of Serbia (ICSID Case No. ARB/18/8, Procedural Order No. 3, 24 June 2019)
      case-law
    • Cairn Energy Plc and Cairn UK Holdings Limited v. Republic of India (PCA Case No. 2016-7, Procedural Order No. 4, 19 April 2017)
      case-law
    • Canepa Green Energy Opportunities I, S.a.r.l. and Canepa Green Energy Opportunities II, S.a.r.l. v. Kingdom of Spain (ICSID Case No. ARB/19/4, Procedural Order No. 3, 28 August 2020)
      case-law
    • Does Bifurcation Really Promote Efficiency? (28(2) Journal of International Arbitration (2011), page 107)
      academic
    • The Bifurcation of Jurisdictional and Admissibility Objections in Investor-State Arbitration (16(1) The Law & Practice of International Courts and Tribunals (2017), page 50)
      academic
    • Revisiting Bifurcation and Efficiency in International Arbitration Proceedings (36(4) Journal of International Arbitration (2019), page 424)
      academic

    5 months and 21 days later · 172 days

  4. 13 August 2024France

    13 August 2024France

    Order of the Tribunal Taking Note of the Discontinuance of the Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal took note of the Parties' agreement to discontinue the proceeding and of the discontinuance on settlement terms: EMS withdrew its claims with prejudice, each Party bore its own legal fees and costs, and remaining ICSID deposits were returned to the Parties in equal shares.

    Supporting details

    1 authority · 5 participants
    EMS Shipping & Trading GmbH
    Republic of Albania
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute

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EMS Shipping & Trading GmbH v. Republic of Albania (ICSID Case No. ARB/23/9) · Matter