
The concession company that is building the Vlora Airport is preparing a lawsuit against the Albanian government at the London Court of Arbitration. But unlike other arbitrations filed against Albania, this lawsuit is not about a request for compensation or payment of damages.
Kapitali has learned that Vlora International will go to court to request a blocking of the termination of the concession contract. In other words, a security measure on the notification of the Ministry of Infrastructure for the termination of the contract.
VIA is currently run by Vegim Hoxha, an administrator appointed by Valon Ademi's 2A group company after the courts froze Mabco's shares.
Although the Supreme Court ruled at the end of May to unblock 51 percent of Mabco's shares, a few days later the court of first instance blocked Mabco from changing the administrator of the concession company and its statute.
Meanwhile, Mabco, for its part, has announced on more than one occasion that it will seek arbitration to seek compensation from the Albanian government for the termination of the contract, including the missing profits foreseen in the concession's business plan.
However, recently, its owner Behgjet Pacolli has called on the government through posts on social networks to resolve the dispute amicably.
The written dispute over the concession settlement
The concession contract provides for several clauses in Article 21, which address cases of dispute resolution between the parties. In the first paragraph, this article states that the parties will try to find amicable solutions when they have disputes.
"The Parties shall use reasonable efforts to resolve in good faith any dispute arising out of or relating to this Contract (including any claim as to its existence, validity or termination)," states the first paragraph of Article 21.
Sources from the Ministry of Infrastructure say that the Vlora airport concessionaire has activated Article 21 of the contract since the end of June, through an official letter.
"Since your letter indicates the existence of a genuine disagreement on the interpretation and implementation of the contract, VIA, with this letter, also activates the mechanism of Article 21.1 of the Contract and requests that the parties meet in good faith within the contractual deadline to review and resolve this dispute," states the letter that VIA sends to the Ministry of Infrastructure, after the minister announced the termination of the contract.
But the ministry did not take this mechanism into account, giving its own arguments as to why.
"The attempt to treat this issue as a contractual dispute within the meaning of Article 21 of the Contract finds no support, as a claim that contradicts the contractual acts, the statements of the Concessionaire Company itself, official reports, works confirmed by the Independent Engineer, as well as the factual and documentary evidence administered during the implementation of the contract cannot be considered a dispute," the government's response at the end of July states.
A week later, the Ministry of Infrastructure officially announced that it had activated the procedure for terminating the concession contract for Vlora airport.
VIA will now turn to London arbitration to stop the termination of the contract, a request for which the court must make a decision within a month and a half. (Kapitali.al)