The SALINI V.MOROCCO Case Study

Salini case is a case arbitrated by ICSID, which is caused by controversy of highway construction. Two Italian companies submitted a joint tender for the construction of section No. 2, which is approximately 50 kilometres long. For various reasons, the works were completed on October 14, 1998. The works therefore took 36 months to complete, 4 months longer than stipulated in the contract.Thus, The Kingdom of Morocco refused to fulfill the corresponding payment obligation.After the amicable settlement of the dispute sent to the Kingdom of Morocco, the Italian companies take part in the present arbitration as joint Claimants sued the Kingdom of Morocco for compensation and loss.Salini case is a typical International project contracting case judged by ICSID, which makes a great influence on subsequent cases.“Salini Text” is birthed by this case, which used and reformed by subsequent arbitral tribunals, and caused a huge controversy.Analyzing Salini case, it makes use of the case that Beijing Urban Construction Group v. Republic of Yemen.The full text is divided into four parts, as follows:The first part: the basic situation of the case. This part consists of two sections: firstly, the introduction of the basic facts of the case; secondly, the introduction of procedure of the case.The second part: the introduction of the focus of the case. Firstly, the inadmissibility of the require due to its premature nature; Secondly, objections to the jurisdiction of the arbitral tribunal.The third part: legal discussion of Salini case.The fourth part: the reference experience of Salini case. Salini case mainly shows an reference of the determination of jurisdiction on the case that Beijing Urban Construction Group v. Republic of Yemen.