Universal Registration Document 2024
RISK FACTORS AND INTERNAL CONTROL 2 LEGAL AND ARBITRATION PROCEEDINGS
ADP INTERNATIONAL INITIATES ARBITRATION PROCEEDINGS AGAINST THE REPUBLIC OF CHILE
ADP International and Vinci Airports have filed a claim with the International Centre for Settlement of Investment Disputes (ICSID) against the Chilean State in application of the bilateral treaty between France and Chile on the protection of foreign investments, which was registered on 13 August 2021. The dispute relates to the Chilean State’s refusal to take measures to alleviate the severe economic consequences suffered by the Nuevo Pudahuel Airport concessionary company as a result of the Covid-19 pandemic and the resulting governmental measures, while at the same time the Chilean State continued to impose on the concessionary company a number of financial and operational requirements. This set of circumstances characterises, from the claimants’ point of view, a violation of the above mentioned bilateral treaty between France and Chile, as well as of international law. On 11 November 2022, ADP International and Vinci Airports filed their brief on the memorial on the merits with the International Center for Settlement of Investment Disputes (ICSID) in the ongoing arbitration proceedings against the Republic of Chile.
On 12 December 2022, the Republic of Chile filed with the Arbitral Tribunal a request for the separation of jurisdictional issues between the ICSID arbitration and the arbitration in Chile between the Concession Holder company and the Chilean State (represented by the Chilean Ministry of Public Affairs). ADP International and Vinci Airports have filed their observations on this request with the court so that the court may refuse it and confirm the Republic of Chile’s obligation to file its counter-memorial within the time limits set for the proceedings without bifurcation, namely 24 April 2023. On 8 February 2023, the arbitral tribunal ruled that Chile’s request should be rejected and therefore confirmed that Chile had to file its counter-memorial no later than 24 April 2023. The hearings of the parties before the arbitration court were held in June 2024. The court's decision is expected within eight to twelve months.
URART LITIGATION RELATING TO THE AWARD OF THE DUTY FREE CONCESSION FOR ANTALYA AIRPORT TO FRAPORT TAV ANTALYA
Urart, the current concession holder for the duty free business at Antalya airport, filed a claim with the German Arbitration Institute ( Deutsche Institution für Schiedsgerichtsbarkeit – DIS) against Fraport TAV Antalya (FTA), the airport operator, in June 2024. Urart is contesting the outcome of the call for tenders launched by FTA to select the new duty free concession holder under the new lease agreement for Antalya airport.
After constitution of the tribunal, the timeframe for the proceedings was agreed between the tribunal, FTA and Urart, which provides for the submission of briefs and responses to those briefs in 2025. The hearings of the parties before the tribunal is scheduled for the end of April 2026.
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UNIVERSAL REGISTRATION DOCUMENT 2024 w AÉROPORTS DE PARIS
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