LESI, S.p.A. and Astaldi, S.p.A. v. People's Democratic Republic of Algeria (Case No. ARB/05/3). New Decision, July 12, 2006. (comment)
Article from: TDM 5 (2006), in Case Comments & Awards
Introduction
We certainly recall the award of January 10, 2005 in the ICSID case "Groupement Lesi-Di Penta c. République de Algérie". The Tribunal decided that all jurisdictional requirements were met, but dismissed the case for lack of "ius standi" of the Groupement (Consorzio) as such, inviting the two Italian members of the Consorzio to recommence an identical case on their name. The invitation was followed and in March 2005 the two Consortium members re-introduced a second request for arbitration. The parties agreed to reappoint the same Tribunal as before (Tercier, Faurès, ...