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Investment Dispute Settlement Navigator

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methodology

About

The UNCTAD Investment Dispute Settlement Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases.

General disclaimer

The Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive.

While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. UNCTAD assumes no responsibility for eventual errors or omissions in these data.

We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. Please contact us using the online contact form.

Cases included in the Navigator

A case is included in the Navigator if it is:

  • an international arbitration between an investor and a State;
  • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation);
  • submitted to arbitration through a notice of arbitration or a request for arbitration, and upon registration of such request if applicable (not included are cases where a disputing party has only notified the other party of the existence of a dispute or signalled its intention to submit a claim, but has not yet commenced the arbitration).

Sources of information and frequency of updating

The information included in the Navigator is collected from publicly available sources. Primary sources (i.e. official documents relating to the case and information provided by the administering institutions) are the main and preferred source of information. Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable.

The Navigator is updated on a regular, typically biannual, basis. The date of the last update is displayed on the Navigator’s home page.

Methodological notes for the recording of data

Case name

Full case name is recorded as it appears in the official case documents and as it is registered at the administering institution if applicable. If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first claimant followed by the words “and others”.

Short case name is ascribed by UNCTAD. Typically it is the first word of a corporate claimant’s name, an abbreviation of the corporate claimant’s name, or the last name of a natural-person claimant “v.” the short version of the respondent State’s name.

If the Navigator includes more than one case with the exact same name, then “(I)” is added to the case name of the earlier case, and a “(II)”, “(III)”, etc. is added to the name of each subsequent case.

Year of initiation

This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. For arbitrations brought under the ICSID Convention Arbitration Rules or ICSID Additional Facilities (AF) Rules, the year in which the claim was registered by ICSID is used.

Applicable IIA

This is the IIA(s) pursuant to which the claimant initiated the arbitral proceedings.

Arbitral rules

These are the arbitral rules in accordance with which the proceedings are conducted. Proceedings that are not subject to any existing set of arbitral rules, i.e. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”.

Administering institution

This is the institution that provides administrative support for the arbitral proceedings. When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. SCC or ICC), the relevant institution administers that case. In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. PCA). Proceedings may also be conducted without being administered by any institution.

Common abbreviations for administering institutions:

CRCICACairo Regional Centre for International Commercial Arbitration
ICCInternational Chamber of Commerce (International Court of Arbitration)
ICSIDInternational Centre for Settlement of Investment Disputes
LCIALondon Court of International Arbitration
MCCIMoscow Chamber of Commerce and Industry
PCAPermanent Court of Arbitration
SCCStockholm Chamber of Commerce (Arbitration Institute)

Details of investment and summary of the dispute

The details of investment are presented as argued by the claimant, unless otherwise expressly identified by an arbitral tribunal in its decisions or awards.

The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant.

Economic sector and subsector

This refers to the economic sector to which the investment at issue allegedly belongs. The structure of economic activities follows the International Standard Industrial Classification of All Economic Activities, Rev.4 (UN ISIC Rev.4).

Status/Outcome of original proceedings

This refers to the current status of the original arbitration proceedings.

  • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA.
  • Decided in favour of investor: the tribunal found that the respondent State committed one or more breaches of the applicable IIA and awarded monetary compensation or non-pecuniary relief to the claimant investor.
  • Decided in favour of neither party (liability found but no damages awarded): the arbitral tribunal found that the respondent State committed one or more breaches of the applicable IIA but did not award monetary compensation or non-pecuniary relief to the claimant investor.
  • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason.
  • Pending: the arbitration proceedings are pending. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet.
    Notes:
    • The Navigator only records treaty-based disputes or treaty-based aspects of "mixed" disputes. In treaty-based cases that are simultaneously contract-based or based on national investment law ("mixed" disputes), a case is deemed concluded (for purposes of the Navigator) if the tribunal dismissed the case on jurisdiction or finds no breach of the IIA, even if it proceeds to adjudicate the contract- or statutory-based claims.
    • Cases in which a final award has been rendered but which are later subject to follow-on (post-award) proceedings (e.g. ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).
  • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. This includes discontinuance as a result of non-payment of arbitration fees, in order to pursue litigation in another forum, or for any other reason (including for unknown reasons).

Arbitral decisions rendered

These are decisions rendered by an arbitral tribunal. Included are those decisions that concern the substance of the case and affect the final outcome. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. Discontinuance orders and settlement agreements are also recorded if such information is available.

Not included are any other (supplementary) arbitral decisions, e.g. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. Similarly, procedural orders issued by arbitral tribunals are not included. To access a full list of documentation available with respect to a case, users are invited to use (i) the link to the case page on http://italaw.com, and/or (ii) links to the websites of governments and/or arbitral institutions provided in the “Additional information” section.

Amounts claimed and awarded

Amount claimed refers to the amount of monetary compensation claimed by the investor, not including interest, legal costs or costs of arbitration.

Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration.

For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section.

Amounts are recorded in the currency used by the claimant/tribunal. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list.

To enable comparisons between cases, all amounts are also converted to US dollars. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. the date in which the request for arbitration containing this amount was submitted or the date of the final award).

Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. Otherwise, it is derived from other publicly available sources that are deemed reliable. In some cases, the approximate amount may be recorded to give a broad indication of the dispute’s magnitude. As a general rule, a rounded figure (to the nearest hundred thousand) of the amount claimed or awarded is provided.

If the claimant provides more than one valuation of damages claimed, the highest of these amounts is recorded.

IIA breaches alleged and found

Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable.

Information about breaches found is primarily derived from the arbitral decisions. When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable.

Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings.

Composition of tribunal

These are individuals who serve as members of the arbitral tribunal adjudicating the dispute (arbitrators).

The disputing party (i.e. claimant or respondent) that appointed a particular arbitrator is also recorded insofar as information is available. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction).

In case an arbitrator has been replaced by another individual (e.g. as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded.

Follow-on (post-award) proceedings

Follow-on (post-award) proceedings include three types of legal proceedings:

  • ICSID annulment proceedings;
  • Judicial review by national courts (set-aside proceedings); and
  • ICSID resubmission proceedings.

Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. ICSID annulment proceeding), the status of the case is marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).

Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded.

The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded.

Link to Italaw’s case page

The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. It makes available not only the main arbitral decisions, but also procedural orders, parties’ submissions, expert opinions and other types of documents.

A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand.

Additional information

This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources.

Number of cases as respondent State
1 60
Updated as of 31 December 2017

Italy - as home State

Clear selection
Loaded 35 out of 35 Show all
No. Year of
initiation
Short case
name
Summary Outcome of
original proceedings
Respondent
State
Home State
of investor
1 2017 CMC v. Mozambique CMC Africa Austral, LDA, CMC Muratori Cementisti CMC Di Ravenna SOC. Coop., and CMC MuratoriCementisti CMC Di Ravenna SOC. Coop. A.R.L. Maputo Branch and CMC Africa v. Republic of Mozambique (ICSID Case No. ARB/17/23) Italy - Mozambique BIT (1998) ICSID ICSID Investment:

Summary:
Pending Mozambique Italy Tertiary: F - Construction 42 - Civil engineering Townsend, J. M. - President

Rees, P. - Claimant

Casey, J. B. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
2 2017 Consutel v. Algeria Consutel Group S.p.A. in liquidazione v. Algeria Algeria - Italy BIT (1991) UNCITRAL PCA Investment:

Summary:
Pending Algeria Italy Data not available Data not available Mourre, A. - President

Tanzi, A. M. - Claimant

Haroun, M. A. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
3 2017 OHL and others v. Kuwait Obrascón Huarte Lain S.A., Rizzani de Eccher S.p.A. and Trevi S.p.A. v. State of Kuwait (ICSID Case No. ARB/17/8) Italy - Kuwait BIT (1987)

Kuwait - Spain BIT (2005)
ICSID ICSID Investment: Investment in a highway construction project.

Summary:
Investment in a highway construction project. Pending Kuwait Spain

Italy
Tertiary: F - Construction 42 - Civil engineering Alexandrov, S. A. - Claimant

Douglas, Z. - Respondent

Bull, C. - President
Data not available Data not available Data not available Pending None None None None None None None
4 2015 Eskosol v. Italy Eskosol S.p.A. in liquidazione v. Italian Republic (ICSID Case No. ARB/15/50) The Energy Charter Treaty (1994) ICSID ICSID Investment: Investments in a 120 megawatt photovoltaic energy project in Italy.

Summary: Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects. According to the claimant, two State measures adopted in March and May 2011 (the Romani Decree and the Fourth Energy Account) rendered its photovoltaic project unviable and led to the company’s bankruptcy.
Investments in a 120 megawatt photovoltaic energy project in Italy. Pending Italy Italy Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Tawil, G. S. - Claimant

Dupuy, P.-M. - Respondent (replaced)

Stern, B. - Respondent

Kalicki, J. E. - President
Data not available Data not available Data not available Pending Decision on Respondent’s Application under Rule 41(5) dated 20 March 2017 None None None None None None
5 2015 Foresight and others v. Spain Foresight Luxembourg Solar 1 S. Á.R1., Foresight Luxembourg Solar 2 S.Á.R.L., Greentech Energy System A/S, GWM Renewable Energy I S.P.A and GWM Renewable Energy Ii S.P.A v. Kingdom of Spain (SCC Case No. 2015/150) The Energy Charter Treaty (1994) SCC SCC Investment:

Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers.
Pending Spain Luxembourg

Denmark

Italy
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Moser, M. J. - President

Sachs, K. - Claimant

Vinuesa, R. E. - Respondent
50.00 mln EUR (58.10 mln USD) Data not available Data not available Pending Data not available Data not available None None None None None
6 2015 Hydro and others v. Albania Hydro S.r.l. and others v. Republic of Albania (ICSID Case No. ARB/15/28) Albania - Italy BIT (1991) ICSID ICSID Investment: Rights under a concession agreement concluded by the State with a claimant's subsidiary, KGE, for the construction of a €240 million hydroelectric power plant in southern Albania as well as investments in the renewable energy sector and in the television company, Agonset.

Summary: Claims arising out of the failed construction of a hydroelectric plant followed by the criminal proceedings against the claimants and freezing of their assets.
Rights under a concession agreement concluded by the State with a claimant's subsidiary, KGE, for the construction of a €240 million hydroelectric power plant in southern Albania as well as investments in the renewable energy sector and in the television company, Agonset. Pending Albania Italy Tertiary: D - Electricity, gas, steam and air conditioning supply

Tertiary: E - Water supply; sewerage, waste management and remediation activities
35 - Electricity, gas, steam and air conditioning supply

36 - Water collection, treatment and supply
Glick, I. - Respondent

Pryles, M. C. - President

Poncet, C. - Claimant
Data not available Data not available Data not available Pending None None None None None None None
7 2015 Salini Impregilo v. Argentina Salini Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/15/39) Argentina - Italy BIT (1990) ICSID ICSID Investment: Highway system construction contract.

Summary:
Highway system construction contract. Pending Argentina Italy Tertiary: F - Construction 42 - Civil engineering Hobér, K. - Claimant

Crawford, J. R. - President

Kurtz, J. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
8 2014 Albaniabeg Ambient v. Albania Albaniabeg Ambient Sh.p.k, M. Angelo Novelli and Costruzioni S.r.l. v. Republic of Albania (ICSID Case No. ARB/14/26) The Energy Charter Treaty (1994) ICSID ICSID Investment: Data not available

Summary: Claims arising out of a waste management and renewable energy production project in Albania.
Data not available Pending Albania Italy Tertiary: D - Electricity, gas, steam and air conditioning supply

Tertiary: E - Water supply; sewerage, waste management and remediation activities
35 - Electricity, gas, steam and air conditioning supply

38 - Waste collection, treatment and disposal activities; materials recovery
Caron, D. D. - President

Townsend, J. M. - Claimant

Hoffmann, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
9 2013 ASA v. Egypt ASA International S.p.A. v. Arab Republic of Egypt (ICSID Case No. ARB/13/23) Egypt - Italy BIT (1989) ICSID ICSID Investment: Majority shareholding (85 per cent) in Ama Arab Environment Company that held two solid waste management contracts in Cairo.

Summary: Claims arising out of alleged Government measures that affected claimant's investment in a company that had concluded contracts for waste management services in Cairo.
Majority shareholding (85 per cent) in Ama Arab Environment Company that held two solid waste management contracts in Cairo. Settled Egypt Italy Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Oreamuno Blanco, R. - President

van den Berg, A. J. - Claimant

Hossain, K. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability None None None None None None None
10 2013 Grassetto v. Slovenia Impresa Grassetto S.p.A., in liquidation v. Republic of Slovenia (ICSID Case No. ARB/13/10) Italy - Slovenia BIT (2000) ICSID ICSID Investment: Rights under a contract for the construction of the Trojane highway tunnel project.

Summary: Claims arising out of disagreements over the execution of a construction contract awarded to the claimant concerning a highway tunnel project.
Rights under a contract for the construction of the Trojane highway tunnel project. Pending Slovenia Italy Tertiary: F - Construction 42 - Civil engineering Park, W. W. - President

Tschanz, P.-Y. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Pending Decision on Objections to Jurisdiction dated 15 June 2015 None None None None None None
11 2012 Gavazzi v. Romania Marco Gavazzi and Stefano Gavazzi v. Romania (ICSID Case No. ARB/12/25) Italy - Romania BIT (1990) ICSID ICSID Investment: Majority shareholding in a local steel manufacturing enterprise under a privatisation agreement concluded with the Government.

Summary: Claims arising out of a series of measures by the respondent allegedly in breach of its obligations under certain privatisation agreement concerning a steel plant in which the claimants had invested, leading to its liquidation.
Majority shareholding in a local steel manufacturing enterprise under a privatisation agreement concluded with the Government. Decided in favour of investor Romania Italy Secondary: C - Manufacturing 24 - Manufacture of basic metals van Houtte, H. - President

Veeder, V. V. - Claimant

Rubino-Sammartano, M. - Respondent
30.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Decision on Jurisdiction, Admissibility and Liability dated 21 April 2015

Award dated 18 April 2017

Decision on Rectification dated 13 July 2017
Dissenting Opinion with Regard to Quantum by Mauro Rubino-Sammartano

Dissenting Opinion on Rectification by Mauro Rubino-Sammartano
None None None None None
12 2011 Burimi v. Albania Burimi SRL and Eagle Games SH.A v. Republic of Albania (ICSID Case No. ARB/11/18) Albania - Italy BIT (1991) ICSID ICSID Investment: Indirect shareholding in an Albanian gambling company under certain financing and pledge agreements.

Summary: Claims arising out of Albania's adoption of a law that introduced a single license for the exploitation of the National Lottery and revoked all existing permits and licenses for instant lotteries, including Eagle Games’ permit to sale “scratch and win” instant lottery tickets.
Indirect shareholding in an Albanian gambling company under certain financing and pledge agreements. Decided in favour of State Albania Italy Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Price, D. M. - President

Cremades, B. M. - Claimant

Fadlallah, I. - Unknown
1034.70 mln ALL (9.30 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Customary rules of international law
None - jurisdiction declined Award dated 29 May 2013 None None None None None None
13 2010 Bosca v. Lithuania Luigiterzo Bosca v. Republic of Lithuania Italy - Lithuania BIT (1994) UNCITRAL PCA Investment: Know-how by way of providing services to wine producing company in Lithuania; "making of contract" rights as winner of a public tender for the acquisition of a sparkling wines manufacturing company.

Summary: Claims arising out of the Government's annulment of claimant's successful bid for the company AB Alita, a Lithuanian alcoholic beverage producer.
Know-how by way of providing services to wine producing company in Lithuania; "making of contract" rights as winner of a public tender for the acquisition of a sparkling wines manufacturing company. Decided in favour of neither party (liability found but no damages awarded) Lithuania Italy Secondary: C - Manufacturing 11 - Manufacture of beverages Lalonde, M. - President

Price, D. M. - Claimant

Stern, B. - Respondent
207.00 mln EUR (279.20 mln USD) 0.00 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Direct expropriation

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 17 May 2013 None None None None None None
14 2009 Cesare Galdabini v. Russia Cesare Galdabini SpA v. Russian Federation Italy - Russian Federation BIT (2002) UNCITRAL None Investment: Accounts receivable under certain supply agreement concluded between Galdabani and the respondent.

Summary: Claims arising out of Russia's alleged refusal to settle a debt owed for EUR 278’000 worth of equipment, which Galdabini supplied during the 1980s to a Soviet foreign trading enterprise for the ultimate benefit of VAZ, a private company.
Accounts receivable under certain supply agreement concluded between Galdabani and the respondent. Decided in favour of State Russian Federation Italy Secondary: C - Manufacturing 29 - Manufacture of motor vehicles, trailers and semi-trailers Kaufmann-Kohler, G. - President

Hertzfeld, J. M. - Claimant

Vilkova, N. - Respondent
392.00 mln EUR (580.00 mln USD) Data not available Data not available None - jurisdiction declined Award dated May 2011 None None None None None None
15 2009 Valle Esina v. Russia Valle Esina S.p.A. v. The Russian Federation Italy - Russian Federation BIT (2002) UNCITRAL Data not available Investment:

Summary:
Decided in favour of investor Russian Federation Italy Data not available Data not available Kaufmann-Kohler, G. - President

Bernardini, P. - Claimant

Zykin, I. S. - Respondent
Data not available 9.90 mln EUR (11.30 mln USD) Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Direct expropriation Award dated June 2014 None None None None None None
16 2008 Ambiente Ufficio and others v. Argentina Ambiente Ufficio S.p.A. and others (formerly Giordano Alpi and others) v. Argentine Republic (ICSID Case No. ARB/08/9) Argentina - Italy BIT (1990) ICSID ICSID Investment: Ownership of sovereign bonds issued by Argentina held by over 90 claimants.

Summary: Claims arising out of Argentina's enactment of legislation concerning the restructuring of its public debt, leading to the Government's default in sovereign bonds in late 2001, and circumstances surrounding its 2005 settlement with foreign holders of its defaulted bonds.
Ownership of sovereign bonds issued by Argentina held by over 90 claimants. Discontinued Argentina Italy Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Simma, B. - President

Böckstiegel, K.-H. - Claimant

Torres Bernárdez, S. - Respondent
6.80 mln EUR (10.70 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction and Admissibility dated 8 February 2013

Order of discontinuance of the proceeding dated 28 May 2015
Dissenting Opinion of Santiago Torres Bernárdez (Decision on Jurisdiction and Admissibility)

Individual Statement
None None None None None
17 2008 Impregilo v. Argentina (II) Impregilo S.p.a v. Argentine Republic (II) (ICSID Case No. ARB/08/14) Argentina - Italy BIT (1990) ICSID ICSID Investment: Rights under a highway construction concession agreement held by Impregilo's local subsidiary Camino de las Sierras.

Summary: Claims arising out of Argentina's enactment of a 'pesification' law, the freeze on toll rates, among other measures adopted during its 2001-2002 economic crisis, allegedly affecting claimant's investment in a highway construction project to build and manage roads to the city of Córdoba.
Rights under a highway construction concession agreement held by Impregilo's local subsidiary Camino de las Sierras. Settled Argentina Italy Tertiary: F - Construction 42 - Civil engineering Danelius, H. - President

Brower, C. N. - Claimant

Hossain, K. - Respondent
250.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Order for the discontinuance of the proceeding issued by the Tribunal dated 27 October 2010, pursuant to ICSID Arbitration Rule 43(1) None None None None None None
18 2007 Abaclat and others v. Argentina Abaclat and others (formerly Giovanna A. Beccara and others) v. Argentine Republic (ICSID Case No. ARB/07/5) Argentina - Italy BIT (1990) ICSID ICSID Investment: Ownership of sovereign bonds issued by Argentina held by over 60,000 claimants.

Summary: Claims arising out of Argentina's enactment of legislation concerning the restructuring of its public debt, leading to the Government's default in sovereign bonds in late 2001, and circumstances surrounding its 2005 settlement with foreign holders of its defaulted bonds.
Ownership of sovereign bonds issued by Argentina held by over 60,000 claimants. Settled Argentina Italy Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Tercier, P. - President

Briner, R. - President (replaced)

van den Berg, A. J. - Claimant

Torres Bernárdez, S. - Respondent

Abi-Saab, G. - Respondent (replaced)
3000.00 mln USD 1350.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

National treatment

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction and Admissibility dated 4 August 2011

Consent Award under ICSID Arbitration Rule 43(2) dated 29 December 2016

Settlement agreement dated 21 April 2016
Dissenting Opinion of Professor Georges Abi-Saab (Decision on Jurisdiction and Admissibility)

Declaration appended to the Award by Santiago Torres Bernárdez

Additional Declaration by Pierre Tercier and Albert Jan van den Berg

Additional Declaration by Santiago Torres Bernárdez
None None None None None
19 2007 Alemanni and others v. Argentina Giovanni Alemanni and others v. Argentine Republic (ICSID Case No. ARB/07/8) Argentina - Italy BIT (1990) ICSID ICSID Investment: Ownership of sovereign bonds issued by Argentina held by over 180 initial claimants.

Summary: Claims arising out of Argentina's enactment of legislation concerning the restructuring of its public debt, leading to the Government's default in sovereign bonds in late 2001, and circumstances surrounding its 2005 settlement with foreign holders of its defaulted bonds.
Ownership of sovereign bonds issued by Argentina held by over 180 initial claimants. Discontinued Argentina Italy Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Berman, F. - President

Böckstiegel, K.-H. - Claimant

Thomas, J. C. - Respondent
14.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction and Admissibility dated 17 November 2014

Order of the Tribunal Discontinuing the Proceeding dated 14 December 2015
Concurring Opinion of Mr. J. Christopher Thomas, QC (Decision on Jurisdiction and Admissibility) None None None None None
20 2007 Foresti v. South Africa Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1) BLEU (Belgium-Luxembourg Economic Union) - South Africa BIT (1998)

Italy - South Africa BIT (1997)
ICSID AF ICSID Investment: Common law mineral rights leased or owned by certain operating companies in which the claimants had interests.

Summary: Claims arising out of the alleged extinction of certain old order mineral rights held by the claimants by the entry into force of the Mineral and Petroleum Resources Development Act, and the introduction of compulsory equity divestiture requirements with respect to the investors' shares in certain operating companies.
Common law mineral rights leased or owned by certain operating companies in which the claimants had interests. Discontinued South Africa Italy

Luxembourg
Primary: B - Mining and quarrying 8 - Other mining and quarrying Lowe, V. - President

Brower, C. N. - Claimant

Matthews, J. M. - Respondent
375.00 mln USD Data not available Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Other
Not applicable - settled or discontinued before decision on liability Award dated 4 August 2010 Concurring Statement of Arbitrator Matthews (Award) None None None None None
21 2007 Impregilo v. Argentina (I) Impregilo S.p.A. v. Argentine Republic (I) (ICSID Case No. ARB/07/17) Argentina - Italy BIT (1990) ICSID ICSID Investment: Controlling interest in an Argentinean company that had a concession agreement for water distribution and sewerage treatment services.

Summary: Claims arising out of Argentina's alleged interference with the tariff regime applicable to claimant's investment and other alleged breaches of obligations under the relevant concession agreement through the enactment of emergency measures during its 2001-2002 economic crisis.
Controlling interest in an Argentinean company that had a concession agreement for water distribution and sewerage treatment services. Decided in favour of investor Argentina Italy Tertiary: E - Water supply; sewerage, waste management and remediation activities

Tertiary: E - Water supply; sewerage, waste management and remediation activities
36 - Water collection, treatment and supply

37 - Sewerage
Danelius, H. - President

Brower, C. N. - Claimant

Stern, B. - Respondent
119.00 mln USD 21.29 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 21 June 2011 Concurring and Dissenting Opinion of Professor Brigitte Stern (Award)

Concurring and Dissenting Opinion of Judge Charles N. Brower (Award)
ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision of the ad hoc Committee on the Application for Annulment dated 24 January 2014 (ICSID annulment proceedings) None Oreamuno Blanco, R. - President

Zuleta, E. - Member

Cheng, T. - Member
22 2007 Toto v. Lebanon Toto Costruzioni Generali S.p.A. v. Republic of Lebanon (ICSID Case No. ARB/07/12) Italy - Lebanon BIT (1997) ICSID ICSID Investment: Rights under a contract concluded between Lebanon's Conseil Exécutif des Grands Projets and claimant for constructing a section of a highway linking Beirut to Damascus.

Summary: Claims arising out of alleged interferences by the Lebanese Government that caused material damage to the construction project of a highway in which the claimant had invested, followed by its refusal to adopt adequate corrective measures; for instance, changing the regulatory framework, failing to deliver sites, failing to protect Toto's legal possession, and giving erroneous design information and instructions.
Rights under a contract concluded between Lebanon's Conseil Exécutif des Grands Projets and claimant for constructing a section of a highway linking Beirut to Damascus. Decided in favour of State Lebanon Italy Tertiary: F - Construction 42 - Civil engineering van Houtte, H. - President

Schwebel, S. M. - Claimant

Feliciani, A. - Claimant (replaced)

Moghaizel, F. - Respondent
33.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Other
None - all claims dismissed at the merits stage Award dated 7 June 2012

Decision on Jurisdiction dated 11 September 2009
Concurring Opinion of Judge Schwebel (Award) ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order taking note of the discontinuance of the proceeding issued by the ad hoc Committee dated 15 February 2013, pursuant to ICSID Arbitration Rules 53 and 44 (ICSID annulment proceedings) None Gaillard, E. - President

Pryles, M. C. - Member

Rigo Sureda, A. - Member
23 2005 Ares and MetalGeo v. Georgia Ares International S.r.l. and MetalGeo S.r.l. v. Georgia (ICSID Case No. ARB/05/23) Georgia - Italy BIT (1997) ICSID ICSID Investment: Majority shareholding in a State-owned steel plant through a share purchase agreement approved by certain city court and endorsed by the Government of Georgia through a Presidential Decree.

Summary: Claims arising out of the declaration of invalidity by Georgian authorities of certain share purchase agreement concerning claimants' investments in a State-owned metallurgical plant, after allegedly receiving encouragement from the Georgian Government to become involved in the plant's rehabilitation process.
Majority shareholding in a State-owned steel plant through a share purchase agreement approved by certain city court and endorsed by the Government of Georgia through a Presidential Decree. Decided in favour of investor Georgia Italy Secondary: C - Manufacturing 24 - Manufacture of basic metals Rowley, J. W. - President

Gaillard, E. - Claimant

Beechey, J. - Respondent
113.00 mln USD 3.50 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 28 February 2008 None None None None None None
24 2005 LESI v. Algeria LESI, S.p.A. and Astaldi, S.p.A. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/05/3) Algeria - Italy BIT (1991) ICSID ICSID Investment: Rights under a contract for the construction of a dam.

Summary: Claims arising out of Algeria's civil unrest and violence during the mid-1990s, which affected a public tender awarded to the claimant for the construction of a dam which would provide drinking water to the city of Algiers.
Rights under a contract for the construction of a dam. Decided in favour of State Algeria Italy Tertiary: F - Construction 42 - Civil engineering Tercier, P. - President

Hanotiau, B. - Claimant

Gaillard, E. - Respondent
Data not available Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
None - all claims dismissed at the merits stage Decision on Jurisdiction dated 12 July 2006

Award dated 12 November 2008
None None None None None None
25 2005 Saipem v. Bangladesh Saipem S.p.A. v. People's Republic of Bangladesh (ICSID Case No. ARB/05/7) Bangladesh - Italy BIT (1990) ICSID ICSID Investment: Right to arbitrate (i.e. a right accruing by contract having an economic value) under a contract concluded between the claimant and a State-owned entity for a gas pipeline construction project.

Summary: Claims arising out of the actions of the State-owned entity Petrobangla and of the courts of Bangladesh allegedly aimed at sabotaging an ICC commercial arbitration proceeding and the subsequent non-enforcement of the award concerning the breach of a contract concluded between the claimant and said State-owned entity for the construction of a long-distance gas pipeline.
Right to arbitrate (i.e. a right accruing by contract having an economic value) under a contract concluded between the claimant and a State-owned entity for a gas pipeline construction project. Decided in favour of investor Bangladesh Italy Tertiary: F - Construction 42 - Civil engineering Kaufmann-Kohler, G. - President

Schreuer, C. H. - Claimant

Otton, P. - Respondent
12.50 mln USD 6.30 mln USD Indirect expropriation Indirect expropriation Decision on Jurisdiction and Recommendation on Provisional Measures dated 21 March 2007

Award dated 30 June 2009
None None None None None None
26 2005 Siag v. Egypt Waguih Elie George Siag and Clorinda Vecchi v. Arab Republic of Egypt (ICSID Case No. ARB/05/15) Egypt - Italy BIT (1989) ICSID ICSID Investment: Majority shareholding in two local companies that acquired a parcel of oceanfront land for the development of a tourist resort on the Gulf of Aqaba on the Red Sea.

Summary: Claims arising out of a series of acts and omissions by the respondent that allegedly expropriated claimants' property of oceanfront land, including the issuance of a ministerial resolution cancelling the project's contract and the physical seizure of the property on two occasions.
Majority shareholding in two local companies that acquired a parcel of oceanfront land for the development of a tourist resort on the Gulf of Aqaba on the Red Sea. Decided in favour of investor Egypt Italy Tertiary: L - Real estate activities 68 - Real estate activities Williams, D. A. R. - President

Pryles, M. C. - Claimant

Orrego Vicuña, F. - Respondent
230.00 mln USD 74.55 mln USD Direct expropriation

Full protection and security, or similar

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Direct expropriation

Full protection and security, or similar

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures
Decision on Jurisdiction dated 11 April 2007

Award dated 1 June 2009
Partial Dissenting Opinion of Professor Francisco Orrego Vicuña (Decision on Jurisdiction)

Dissenting Opinion of Professor Francisco Orrego Vicuña (Award)
ICSID annulment proceedings

Judicial review by national courts
Discontinued (ICSID annulment proceedings)

Award/decision upheld (Judicial review by national courts)
Order taking note of the discontinuance of the proceeding issued by the ad hoc Committee dated 26 July 2010, pursuant ICSID Arbitration Rule 45 (ICSID annulment proceedings)

Decision of the Southern District of New York Court, 2009 WL 1834562 (Judicial review by national courts)
None Schwebel, S. M. - President

Kettani, A. - Member

Tomka, P. - Member
27 2004 Alstom Power v. Mongolia Alstom Power Italia SpA and Alstom SpA v. Republic of Mongolia (ICSID Case No. ARB/04/10) The Energy Charter Treaty (1994)

Italy - Mongolia BIT (1993)
ICSID ICSID Investment: Rights under a contract concluded with local authorities to undertake a thermal energy station project.

Summary: Claims arising out of disagreements between the investor and local authorities over works to be performed under a contract they had concluded for the refurbishment of a thermal electric station in Ulaanbaatar.
Rights under a contract concluded with local authorities to undertake a thermal energy station project. Settled Mongolia Italy Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Lalonde, M. - President

Paulsson, J. - Claimant

Mason, A. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Tribunal dated 13 March 2006, pursuant to Arbitration Rule 43(1) None None None None None None
28 2003 Impregilo v. Pakistan (II) Impregilo S.p.A. v. Islamic Republic of Pakistan (II) (ICSID Case No. ARB/03/3) Italy - Pakistan BIT (1997) ICSID ICSID Investment: Rights under a concession agreement through a joint venture company for the construction of hydroelectric power facilities in Pakistan, known as the Ghazi-Barotha Hydropower project.

Summary: Claims arising out of the Pakistan Water and Power Development Authority's (WAPDA) failure to turn over the land necessary to implement certain construction contract, among other acts and omissions of WAPDA that allegedly impeded the investor's ability to proceed according to schedule.
Rights under a concession agreement through a joint venture company for the construction of hydroelectric power facilities in Pakistan, known as the Ghazi-Barotha Hydropower project. Settled Pakistan Italy Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Guillaume, G. - President

Cremades, B. M. - Claimant

Landau, T. - Respondent
450.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures

Other
Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 22 April 2005

Order taking note of the discontinuance issued by the Tribunal dated 26 September 2005, pursuant to ICSID Arbitration Rule 44
None None None None None None
29 2003 L.E.S.I. v. Algeria Consortium Groupement L.E.S.I. - DIPENTA v. People's Democratic Republic of Algeria (ICSID Case No. ARB/03/8) Algeria - Italy BIT (1991) ICSID ICSID Investment: Rights under a contract entered into with certain State entity for the construction of a dam.

Summary: Claims arising out of the termination of a contract entered into between the claimants and the Agence Nationale des Barrages (ANB), a State entity, for the construction of a dam in the region of Wilaya of Bouira, Algeria.
Rights under a contract entered into with certain State entity for the construction of a dam. Decided in favour of State Algeria Italy Tertiary: F - Construction 42 - Civil engineering Tercier, P. - President

Faures, A. - Claimant

Gaillard, E. - Respondent
115.00 mln EUR (124.00 mln USD) Data not available Indirect expropriation

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award dated 10 January 2005 None None None None None None
30 2002 Impregilo v. Pakistan (I) Impregilo S.p.A. v. Islamic Republic of Pakistan (I) (ICSID Case No. ARB/02/2) Italy - Pakistan BIT (1997) ICSID ICSID Investment: Rights under a concession agreement through a joint venture company for the construction of hydroelectric power facilities in Pakistan, known as the Ghazi-Barotha Hydropower project.

Summary: Claims arising out of delays in the performance of two concession agreements entered into between the investor and the Pakistan Water and Power Development Authority, in connection to a hydropower project.
Rights under a concession agreement through a joint venture company for the construction of hydroelectric power facilities in Pakistan, known as the Ghazi-Barotha Hydropower project. Discontinued Pakistan Italy Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Tribunal not constituted Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding issued by the Secretary General dated 11 June 2002, pursuant to Arbitration Rule 44 None None None None None None
31 2002 Salini v. Jordan Salini Costruttori S.p.A. and Italstrade S.p.A. v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/02/13) Italy - Jordan BIT (1996) ICSID ICSID Investment: Rights under a contract for a dam construction project concluded with the Jordan Ministry of Water and Irrigation.

Summary: Claims arising out of the disagreement between the Government of Jordan and the investor as to the amount owed to the claimants for works done under a contract for a dam construction in Jordan.
Rights under a contract for a dam construction project concluded with the Jordan Ministry of Water and Irrigation. Decided in favour of State Jordan Italy Tertiary: F - Construction 42 - Civil engineering Guillaume, G. - President

Cremades, B. M. - Claimant

Sinclair, I. - Respondent

Schwartz, E. - Respondent (replaced)
28.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures

Other
None - all claims dismissed at the merits stage Award dated 31 January 2006

Decision on Jurisdiction dated 9 November 2004
Declaration by Sir Ian Sinclair relating to the cost of proceedings (Award) None None None None None
32 2002 Soufraki v. UAE Hussein Nauman Soufraki v. United Arab Emirates (ICSID Case No. ARB/02/7) Italy - United Arab Emirates BIT (1995) ICSID ICSID Investment: Rights under a port concession agreement.

Summary: Claims arising out of the cancellation by the respondent of a concession agreement between the Dubai Department of Ports and Customs and the investor for the purpose of developing, managing and operating the Port of Al Hamriya and its surrounding area.
Rights under a port concession agreement. Decided in favour of State United Arab Emirates Italy Tertiary: F - Construction 42 - Civil engineering Fortier, L. Y. - President

Schwebel, S. M. - Claimant

El Kholy, A. - Respondent
580.00 mln USD Data not available Unclear None - jurisdiction declined Award dated 7 July 2004 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision of the Ad Hoc Committee on the Application for Annulment of Mr. Soufraki dated 5 June 2007 (ICSID annulment proceedings) None Feliciano, F. P. - President

Nabulsi, O. - Member

Stern, B. - Member
33 2001 Impregilo v. UAE Impregilo, S.p.A and Rizzani De Eccher S.p.A. v. United Arab Emirates (ICSID Case No. ARB/01/1) Italy - United Arab Emirates BIT (1995) ICSID ICSID Investment: Data not available

Summary: Claims arising out of a mosque construction project in the UAE.
Data not available Discontinued United Arab Emirates Italy Tertiary: F - Construction 41 - Construction of buildings Tribunal not constituted Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Secretary-General dated 7 August 2001, pursuant to Arbitration Rule 44 None None None None None None
34 2000 RFCC v. Morocco Consortium R.F.C.C. v. Kingdom of Morocco (ICSID Case No. ARB/00/6) Italy - Morocco BIT (1990) ICSID ICSID Investment: Concession contract for the construction of a specific section of a highway in Morocco.

Summary: Claims arising out of several events occurred before, during and after the performance of a concession contract granted to the claimant by public bid and signed by a State-owned company.
Concession contract for the construction of a specific section of a highway in Morocco. Decided in favour of State Morocco Italy Tertiary: F - Construction 42 - Civil engineering Briner, R. - President

Cremades, B. M. - Claimant

Fadlallah, I. - Respondent
337.60 mln MAD (36.70 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Decision on Jurisdiction dated 16 July 2001

Arbitration Award dated 22 December 2003
None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision of the ad hoc Committee on the Application for Annulment of Consortium R.F.C.C. dated 18 January 2006 (ICSID annulment proceedings) None Hanotiau, B. - President

Fatouros, A. A. - Member

Berman, F. - Member
35 2000 Salini v. Morocco Salini Costruttori S.p.A. and Italstrade S.p.A. v. Kingdom of Morocco (ICSID Case No. ARB/00/4) Italy - Morocco BIT (1990) ICSID ICSID Investment: Public procurement agreement for highway construction.

Summary: Claims arising out of the non-payment of the contract price to the claimant in relation to a public procurement contract for the construction of a highway, which had been awarded to the investor through tender.
Public procurement agreement for highway construction. Settled Morocco Italy Tertiary: F - Construction 42 - Civil engineering Briner, R. - President

Cremades, B. M. - Claimant

Fadlallah, I. - Respondent
132639.00 mln ITL (62.40 mln USD) Data not available Data not available Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 23 July 2001

Order taking note of the discontinuance issued by the Tribunal dated 4 February 2004, pursuant to Arbitration Rule 43(1)
None None None None None None