Communicated on 20 June 2018

FIRST SECTION

Application no. 5312/11 BEG S.P.A . against Italy lodged on 21 January 2011

SUBJECT MATTER OF THE CASE

The application concerns the alleged unfairness of voluntary arbitration proceedings, in particular the alleged lack of impartiality of one of the arbitrators rend ering the arbitration award of 6 December 2002 between the applicant, a company, and Enelpower S.p. a .

QUESTIONS tO THE PARTIES

1. Was Article 6 § 1 of the Convention applicable to the procedure before the Arbitration Chamber of the Rome Chamber of Commerce (ACR)?

2. If so, has the applicant ’ s right to an independent and impartial tribunal been respected? In particular, was the arbitration college of the ACR which ren dered the arbitration award of 6 December 2002 independent and impartial as required by Article 6 § 1 of the Convention, given the links between the arbitrator N.I. and the parent company of one of the parties?