Matter
Iliria S.R.L. v. Albania (European Court of Human Rights Applications nos. 32850/16 and 31011/09)
- 3 September 1993Arbitration
3 September 1993Arbitration
The Arbitral Award
- Decision summary
- On 3 September 1993, the international arbitral tribunal ordered the Albanian Government to pay Iliria S.R.L. 48,239,000,000 Italian lire and annual interest at 13%.
Supporting details
4 participantsIliria S.R.L. (in liquidation)
Albanian Government
Institution
- Institutional administrator
- International Chamber of Commerce (ICC) in Paris
- Arbitrator
- F. L.
4 years, 6 months and 30 days later · 1672 days
- 2 April 1998Albania
2 April 1998Albania
Decision of the Tirana Court of Appeal dated 2 April 1998
Tirana Court of Appeal
- Decision summary
- The court recognised the arbitral award in Albania and made it executable.
8 days later · 8 days
- 10 April 1998Albania
10 April 1998Albania
Enforcement writ of the Tirana Court of Appeal dated 10 April 1998
Tirana Court of Appeal
- Decision summary
- The court issued an enforcement writ for the arbitral award as recognised by the domestic decisions.
2 years and 25 days later · 756 days
- 5 May 2000Albania
5 May 2000Albania
Supplemental decision of the Tirana Court of Appeal dated 5 May 2000
Tirana Court of Appeal
- Decision summary
- The court supplemented the recognition decision by recognising the debtor’s obligation to pay interest under the arbitral award.
3 years, 7 months and 21 days later · 1330 days
- 26 December 2003Albania
26 December 2003Albania
Decision of the Tirana Court of Appeal dated 26 December 2003
Tirana Court of Appeal
- Decision summary
- The court accepted the Council of Ministers’ request to appeal out of time against the recognition decisions because they had not been served on the Council.
1 year, 1 month and 15 days later · 412 days
- 10 February 2005Albania
10 February 2005Albania
Decision of the Supreme Court dated 10 February 2005
Supreme Court of Albania
- Decision summary
- The Supreme Court quashed the recognition decisions and remitted the case, holding that the Council of Ministers should have had an opportunity to oppose recognition of the arbitral award.
1 year and 4 days later · 369 days
- 14 February 2006Albania
14 February 2006Albania
Decision of the Tirana Court of Appeal dated 14 February 2006
Tirana Court of Appeal
- Decision summary
- The court discontinued examination of the recognition case because the applicant company’s representative lacked a valid authorisation.
1 year, 7 months and 12 days later · 589 days
- 26 September 2007Albania
26 September 2007Albania
Decision of the Supreme Court dated 26 September 2007
Supreme Court of Albania
- Decision summary
- The Supreme Court quashed the lower court’s decision and remitted the case, holding that the applicant company should have been heard and given an opportunity to correct the alleged authorisation defects.
1 year, 6 months and 5 days later · 552 days
- 31 March 2009Albania
31 March 2009Albania
Decision of the Tirana Court of Appeal dated 31 March 2009
Tirana Court of Appeal
- Decision summary
- The court dismissed the request to recognise the arbitral award, finding incompatibility with basic principles of Albanian law and the public-policy and arbitrability grounds in Article V(2) of the New York Convention.
3 years and 12 days later · 1108 days
- 12 April 2012Albania
12 April 2012Albania
Decision of the Supreme Court dated 12 April 2012
Supreme Court of Albania
- Decision summary
- The Supreme Court rejected the applicant company’s appeal on points of law by a de plano decision for lack of admissible cassation arguments.
1 year, 2 months and 28 days later · 454 days
- 10 July 2013Albania
10 July 2013Albania
Decision of the Constitutional Court of Albania dated 10 July 2013
Constitutional Court of Albania
- Decision summary
- The Constitutional Court quashed the Supreme Court’s decision because it failed to set out the applicant company’s grounds of appeal so as to demonstrate proper review.
2 months and 24 days later · 86 days
- 4 October 2013Albania
4 October 2013Albania
Judgment of the Supreme Court of Albania dated 4 October 2013
Supreme Court of Albania
- Decision summary
- The Supreme Court ruled against the applicant company and rejected its grounds of appeal with de plano reasoning.
9 months and 12 days later · 285 days
- 16 July 2014Italy
16 July 2014Italy
Recognition decision of the Court of Appeal of Rome dated 16 July 2014
Court of Appeal of Rome
- Decision summary
- The Court of Appeal of Rome recognised the arbitral award in Italy.
1 year, 5 months and 6 days later · 524 days
- 22 December 2015Albania
22 December 2015Albania
Decision of the Constitutional Court of Albania dated 22 December 2015
Constitutional Court of Albania
- Decision summary
- The Constitutional Court dismissed the appeal, finding that the Supreme Court’s decision was duly reasoned and that fair-trial requirements had not been violated.
8 years, 2 months and 12 days later · 2996 days
- 5 March 2024France
5 March 2024France
Judgment of the European Court of Human Rights (Third Section) in application no. 31011/09 dated 5 March 2024
European Court of Human Rights (Third Section)
- Decision summary
- The Court found a violation of Article 6 § 1 on account of the unreasonable length of the proceedings concerning recognition of the international arbitral award. It awarded Iliria S.R.L. EUR 4,800 for non-pecuniary damage and EUR 6,000 for domestic costs and expenses, plus applicable default interest.
Supporting details
6 authorities · 10 participantsIliria S.R.L. (in liquidation)
- Representative
- A. Hakani (For: Iliria S.R.L. (in liquidation))
- Representative
- A. Saccucci (For: Iliria S.R.L. (in liquidation))
Government of Albania
European Court of Human Rights (Third Section)
- Judge
- Darian Pavli
Other
- Institutional administrator
- Olga Chernishova
2 months and 11 days later · 72 days
- 16 May 2024France
16 May 2024France
Decision of the European Court of Human Rights (Third Section) in application no. 32850/16 dated 16 May 2024
European Court of Human Rights (Third Section)
- Decision summary
- The Court declared inadmissible the complaints concerning legal certainty, non-enforcement of the arbitral award and property rights. It held that the award’s non-recognition in Albania was not shown to be manifestly unlawful or arbitrary.
Supporting details
21 authorities · 9 participantsIliria S.R.L. (in liquidation)
- Representative
- A. Saccucci (For: Iliria S.R.L. (in liquidation))
Government of Albania
European Court of Human Rights (Third Section)
- Judge
- Darian Pavli
Other
- Institutional administrator
- Olga Chernishova