Curtis Obtains Victory for Kuwait in ICSID Annulment Proceeding

Curtis has successfully represented the State of Kuwait (Kuwait) in defeating a challenge to the ICSID award issued in Kuwait’s favor from the first ever ICSID arbitration brought against the country.

On 6 March 2026, the ad hoc Committee in the annulment proceeding in Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A. v. State of Kuwait (ICSID Case No. ARB/17/8) issued its Decision on Annulment fully rejecting the claimants’ annulment application and awarding Kuwait all of its costs from the proceeding.

The arbitration was brought by three international construction companies that were members of a joint venture consortium that was awarded a major public works contract for the Jamal Abdul Nasser Street Project, which involved construction of an elevated highway and associated structures connecting important sites in Kuwait City. The claimants alleged that Kuwait breached its obligations under the contract, including by not granting required extensions, not making additional payments, and imposing improper penalties. Although the dispute largely concerned alleged breaches of the contract, the claimants brought the arbitration under Kuwait’s bilateral investment treaties (BITs) with Italy and Spain.

On 15 December 2022, the Tribunal issued its award dismissing all of the claims. The Tribunal dismissed some of the claims on admissibility grounds, finding that, even if the contract claims could be brought as treaty claims through an “umbrella clause”, they remained subject to the exclusive jurisdiction provision in the contract that required that disputes be resolved in the Kuwait courts. The Tribunal dismissed the claimant’s other claims, which were brought under the BITs’ fair and equitable treatment, full protection and security, and expropriation provisions, for lack of merit. The Tribunal also awarded Kuwait a large share of its costs.

The claimants challenged the arbitration award through ICSID’s annulment procedure on the grounds of a serious departure from a fundamental rule of procedure, a manifest excess of powers, and a failure to state reasons. In its recent decision, the Committee rejected all of the challenges and upheld the award.

“We are very pleased to help Kuwait obtain this successful outcome,” said Curtis partner Charles Buderi. “The Committee’s decision confirms that the Tribunal was correct to reject the claimants’ allegations that Kuwait had not honoured its obligations under the contract and its investment treaties.”

This is another in a string of victories that Curtis has achieved for Kuwait in important, high-value arbitrations. In connection with the recent annulment proceeding, Curtis also successfully assisted Kuwait with ancillary legal proceedings in Italy and France regarding the project security provided by the claimants.

The Curtis team representing Kuwait in the annulment proceeding included Charles Buderi, Justin Jacinto, Ricardo Mier y Terán, Serena Boscia Montalbano, and Salah Malas.