RE: Ombrina Mare News20 Jan 2025 12:28
In case this works:
https://www.staffettaonline.com/Allegato.aspx?doc=20250113175735_392259a.pdf
It’s from October last year so not new, and doesn’t seem related to the outcome of the annulment.
Also a bit of insight into the reasons they’ve requested annulment:
“Having regard to the note of the Attorney General of the State no. 105367 of 01.09.2022, relating to the arbitration
proceeding initiated by the companies Rockhopper Italia S.p.A., Rockhopper Mediterranean LdT and
Rockhopper Exploration Plc. against the Italian Republic before the International Centre for the
Settlement of Investment Disputes (ICSID), with which a copy of the
unfavorable award, Case no. ARB/17/14, of 08.23.2022 was transmitted, together with the separate opinion of the Arbitrator
designated by the Government of the Italian Republic, but which "appears flawed in terms of manifest
excess of jurisdictional power, serious violation of the rules of procedure and lack
of motivation regarding a decisive point of the dispute...";
Given that it was therefore deemed appropriate to request the annulment of the above-mentioned Award, which
awarded Rockhopper Italia S.p.A., Rockhopper Mediterranean LdT and Rockhopper
Exploration Plc. the total amount of 247,827,099.13 million Euros, including damages,
interest, costs and legal fees, and that this phase is still ongoing;
Given that at the current stage of the dispute the Award is enforceable and therefore the Appellant Company will be able
to request its enforcement in any and all States among those adhering to the ETC (Energy
Charter Treaty), with a high possibility of obtaining the requested compensation;
Given the communication acquired in the files with prot. no. 121786 of 07.25.2023 with which the counterparty Companies
communicated to the State Attorney's Office that they had set up a deposit account at
City Bank, in compliance with Procedural Order no. 2, which led to the cessation of the
suspension of the enforceability of the Award in question;
Considering that the Appellant Company may bring at any time and in any State, among those
members of ICSID (International Centre for the Settlement of Investment Disputes),
the enforcement of the Award in question, starting from the recognition phase thereof, with the need
for the Italian State to provide adequate legal defense, also to safeguard any
attackable assets, in the State or States where the enforcement phase for the recognition of the
compensation requested will be started, even pending the definition of the annulment of the Award currently
pending;
Having seen the notes of the State Attorney nos. 75695 of 10 May 2023 and 114683 of 13 July 2023,
with which the State Attorney General reports "the urgency of identifying a law firm for the defense of the Administration", given that, since these are foreign jurisdictions, the
Italian Republic cannot be defended by the State Attorney's Office…