RE: Maj 19 20178 Apr 2025 08:02
Daikihaku, the insurance only applies if the RoI annulment request is upheld (i.e. the RKH claim is 100% thrown out and the ICSID tribunal award is 100% thrown out too).
Otherwise the only options are a partial annulment, which would result in a reduced award, or the ICSID award is 100% confirmed by the ad hoc committee.
Most, including the insurers, believe the latter will be the decision (i.e. RKH's claim was 100% justified and the ICSID award is correct).
In that case, RKH would immediately receive €65M.
I am not aware of any further recourse available to the RoI once the ad hoc committee has announced their decision, which they are bound to do quite soon.
Why this delay? God knows, except that the process must be seen to have been scrupulously fair to all parties, the RoI is notoriously slippery in matters such as this, so no doubt there have been slippery goings on behind the scenes.
What is certain is that this is extremely frustrating, but if RKH had chosen to claim through the Italian Courts, things would have been much worse.