Eskosol SpA in liquidazione v Italian Republic - ICSID Case No. ARB/15/50 - Decision on Respondent's Application Under Rule 41-5 - 20 March 2017
Country
Year
2017
Summary
Reproduced from www.worldbank.org/icsid with permission of ICSID. (Document, does not apply to summary and/or TDM IACL Case Report below).
Case Report (free download)
Case Report by Orlando José Guterres Costa Jr, Editor Ignacio Torterola
Summary
The Tribunal deals with a claim brought under the Energy Charter Treaty (ECT) and the ICSID Convention by Eskosol S.P.A. that arises from a series of measures adopted by Italy that allegedly affected Eskosol's investments in the Italian energy sector by cutting tariff incentives, which altered the terms under which investments were made, in violation of Articles 10 (standards of treatment) and 13 (expropriation) of the ECT. The decision in hand concerns a preliminary matter, namely Italy's application for dismissal of all of Eskosol's claims on the grounds that they are "manifestly without legal merit," pursuant to Rule 41(5) of the ICSID Arbitration Rules. The Tribunal dismissed all of Italy's objections, as the issues brought to attention of the Tribunal were not regarded as "manifestly without legal merits". Altogether, some of these objections are not precluded to be discussed again in a later stage of the proceedings.
Main issues
ICSID Arbitration Rule 41 (5) - Nationality - Foreign Control - Definition of Investor - Lis Pendens - Res Judicata - Collateral Estoppel
Case report provided by International Arbitration Case Law (IACL)
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