ICSID - International Centre for Settlement of Investment Disputes

09/19/2025 | Press release | Distributed by Public on 09/19/2025 14:45

Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic (ICSID Case No. ARB/17/14)

Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic (ICSID Case No. ARB/17/14)

  • Proceeding
  • Materials
  • Procedural Details
Proceeding
Proceeding Materials Procedural Details
  • Subject of Dispute:
    Oil and gas exploration and production
  • Economic Sector:
    Oil, Gas & Mining
  • Instrument(s) Invoked: (i)
    ECT (Energy Charter Treaty)
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    Rockhopper Mediterranean Ltd (British), Rockhopper Exploration Plc (British), Rockhopper Italia S.p.A. (Italian)
  • Respondent(s):
    Italian Republic (Italian)
  • Date Registered:
    May 19, 2017
  • Date of Constitution of Tribunal:
    September 26, 2017
  • Composition of Tribunal

  • President:
    Klaus REICHERT (German, Irish) - Appointed by Co-Arbitrators
  • Arbitrators:
    Charles PONCET (Swiss) - Appointed by the Claimant(s)
    Pierre-Marie DUPUY (French) - Appointed by the Respondent(s)
  • Party Representatives

  • Claimant(s):
    King & Spalding, London, U.K. and New York, NY, U.S.A.
  • Respondent(s):
    Avvocatura Generale dello Stato, Rome, Italy
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    August 23, 2022 - The Tribunal renders its award; attached to the award is an individual opinion by arbitrator Pierre-Marie Dupuy.

(b) Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Respondent(s)
  • Date Registered:
    October 31, 2022
  • Date of Constitution of ad hoc Committee:
    December 7, 2022
  • Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

  • President:
    Michael D. NOLAN (U.S.)
  • Members:
    Eva KALNINA (Latvian)
    Carita WALLGREN-LINDHOLM (Finnish)
  • Party Representatives

  • Claimant(s):
    King & Spalding, London, U.K. and New York, NY, U.S.A.
  • Respondent(s):
    Avvocatura Generale dello Stato, Rome, Italy
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    June 2, 2025 - The ad hoc Committee issues its decision on annulment.

(c) Resubmission Proceeding

  • Date Registered:
    September 19, 2025
  • Party Representatives

  • Claimant(s):
    Allen Overy Shearman Sterling, Madrid, Spain and Paris, France
  • Respondent(s):
    Avvocatura Generale dello Stato, Rome, Italy
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Pending
  • Latest Development:
    September 19, 2025 -

    The Acting Secretary-General registers a request for resubmission of the dispute to a new tribunal.

(a) Original Proceeding

Published Decisions

Award of the Tribunal(English;)

(a) Original Proceeding

Date Development
May 19, 2017 The Secretary-General registers a request for the institution of arbitration proceedings.
June 26, 2017 Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator.
July 27, 2017 Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator.
September 25, 2017 Following appointment by his co-arbitrators with consultation with the parties, Klaus Reichert (German/Irish) accepts his appointment as presiding arbitrator.
September 26, 2017 The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Klaus Reichert (German/Irish), President, appointed by his co-arbitrators with consultation with the parties; Charles Poncet (Swiss), appointed by the Claimants; and Pierre-Marie Dupuy (French), appointed by the Respondent.
November 22, 2017

The Tribunal holds a first session by telephone conference.

December 8, 2017

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

December 22, 2017

The Claimants file a memorial on jurisdiction, liability and quantum.

March 28, 2018

The Respondent files objections to jurisdiction pursuant to ICSID Arbitration Rule 41(1) and a request to address the objections to jurisdiction as a preliminary question.

April 3, 2018

The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.

April 10, 2018

The Respondent files a reply on the request to address the objections to jurisdiction as a preliminary question.

April 19, 2018

The Tribunal issues a decision concerning the Respondent's request to address the objections to jurisdiction as a preliminary question.

May 4, 2018

The Claimants file a response on the preliminary objections to jurisdiction.

May 15, 2018

The Respondent files a counter-memorial on the merits and memorial on jurisdiction.

May 25, 2018

The Respondent files a reply on the preliminary objections to jurisdiction.

June 1, 2018

The Claimants file a rejoinder on the preliminary objections to jurisdiction.

July 2, 2018

The Tribunal issues Procedural Order No. 2 concerning procedural matters.

August 6, 2018

The Tribunal issues Procedural Order No. 3 concerning production of documents.

October 1, 2018

A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).

October 11, 2018

Each party files observations on the non-disputing party's application.

October 24, 2018

The Claimants file a reply memorial on jurisdiction, liability and quantum.

December 7, 2018

The Tribunal issues Procedural Order No. 4 concerning the non-disputing party's application pursuant to ICSID Arbitration Rule 37(2).

December 14, 2018

A non-disputing party files a request for reconsideration of Procedural Order No. 4.

December 18, 2018

The Tribunal issues Procedural Order No. 5 concerning the non-disputing party's request of December 14, 2018.

January 9, 2019

The Respondent files a rejoinder on jurisdiction, liability and quantum.

February 4, 2019 - February 8, 2019

The Tribunal holds a hearing on jurisdiction, liability and quantum in Paris.

February 28, 2019

The Respondent files a post-hearing brief.

March 4, 2019

The Claimants file a post-hearing brief.

March 26, 2019

Each party files a submission on costs.

June 18, 2019

The Respondent files a request for the Tribunal to suspend the proceeding.

June 24, 2019

The Claimants file observations on the Respondent's request of June 18, 2019.

June 26, 2019

The Tribunal issues a decision on jurisdiction and on the Respondent's request of June 18, 2019.

October 30, 2019

The Tribunal holds a hearing on post-hearing briefs in Paris.

September 29, 2021

The Respondent files a request for reconsideration of the Tribunal's Decision of June 26, 2019.

October 6, 2021

The Claimants file observations on the Respondent's request of September 29, 2021.

December 20, 2021

The Tribunal issues a Decision on the Italian Republic's Request for Reconsideration of September 29, 2021.

January 10, 2022

Each party files an updated submission on costs.

April 25, 2022

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

August 23, 2022

The Tribunal renders its award; attached to the award is an individual opinion by arbitrator Pierre-Marie Dupuy.

(b) Annulment Proceeding

Date Development
October 31, 2022

The Acting Secretary-General registers an application for annulment of the award filed by the Italian Republic and notifies the parties of the provisional stay of enforcement of the award.

December 7, 2022

The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Michael Nolan (U.S.), President; Eva Kalnina (Latvian); and Carita Wallgren-Lindholm (Finnish); all members appointed by the Chairman of the Administrative Council.

January 10, 2023

The ad hoc Committee holds a first session by video conference.

January 24, 2023

Italian Republic files a request to continue the stay of enforcement of the award.

January 31, 2023

The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.

February 7, 2023

Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration file observations on the Italian Republic's request to continue the stay of enforcement of the award.

February 14, 2023

Italian Republic files a response on Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc's observations of February 7, 2023.

February 21, 2023

Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc file a rejoinder on the Italian Republic's request to continue the stay of enforcement of the award.

March 6, 2023

The ad hoc Committee holds a hearing on the stay of enforcement of the award.

April 24, 2023

The ad hoc Committee issues a decision on concerning the continuation of the stay of enforcement of the award.

May 2, 2023

Italian Republic files a memorial on annulment.

July 10, 2023

The ad hoc Committee issues Procedural Order No. 2 concerning the termination of the stay of enforcement of the award.

July 25, 2023

Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc file a counter-memorial on annulment.

October 3, 2023

Italian Republic files a Reply on annulment.

December 8, 2023

The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.

January 12, 2024

Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc file a rejoinder on annulment.

February 29, 2024

The ad hoc Committee issues Procedural Order No. 4 on the organization of the hearing.

April 11, 2024 - April 12, 2024

The ad hoc Committee holds a hearing on annulment in Madrid.

June 18, 2024

Each party files a post hearing brief.

September 9, 2024

Each Party files a submission on costs.

September 13, 2024

A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

September 26, 2024

Each party files observations on the non-disputing party's application.

October 1, 2024

The ad hoc Committee issues a decision on the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

June 2, 2025

The ad hoc Committee issues its decision on annulment.

(c) Resubmission Proceeding

Date Development
September 19, 2025

The Acting Secretary-General registers a request for resubmission of the dispute to a new tribunal.

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