The enthusiasm in the Ministry of Infrastructure for the “victory” in London, in the confrontation with the companies that have the concession of the Vlora airport, quickly faded. A few hours after the government announced in triumphant tones that it had won the first battle and that the termination of the concession contract had entered into force, the emergency arbitrator Cecilia Carrara was forced to return with an email, which spoiled Enea Karakaci’s celebration.
The recall coming from the London court is unusual. It is not a new decision from the arbitration, but simply a call to be careful, a red line being placed on Albanian state officials, who came out publicly with the momentum to further the conflict over the airport.
There are two arbitration proceedings in London. One is that of VIA, where the arbitrator did not formally suspend the termination of the contract, but prohibited MIE from exercising the main rights arising from it: to enter and take possession of the airport, take operational control of the assets, demand the handover of the properties or replace the concessionaire with another operator.
Next is the procedure of MABCO, the 98% shareholder of VIA. It was in this case that Carrara had issued the preliminary injunction requiring the government to refrain from taking any action that could aggravate the conflict or jeopardize the procedure. And it was this injunction that the arbitrator felt it necessary to reiterate again by email.
In the email sent to the parties, Carrara directly addresses the ministry headed by Enea Karakaçi "not to obstruct the Emergency Request submitted by the Applicant and not to take any action during the development of these Emergency Arbitrator Proceedings regarding the termination of the Concession Contract that would aggravate this dispute or jeopardize these proceedings."
The message leaves no room for misunderstanding. The Ministry must behave in such a way as not to invalidate the procedure being reviewed in London. This is because the Ministry had presented the decision as “an important victory”, emphasizing that the arbitrator “completely rejected two of VIA’s three claims” and that “the termination of the Concession Contract has entered into force”.
The announcement even went a step further. According to ministry officials, the dismissal of the claims “confirms that the dispute, in which the Ministry of Interior will continue to firmly defend its position, can now proceed immediately to the arbitration tribunal.”
So, instead of a signal to reduce tensions and return to negotiations, the Ministry interpreted the result as a green light to deepen the conflict.
The rush that could cost Albania
Both the ministry's behavior and the message from London are worth analyzing to understand what may happen in the future.
The history of Vlora Airport has shown that the Albanian government, since the beginning of the conflict, has shown a rush to lead the conflict towards the resolution of the contract, towards expropriation at all costs, while the other side claims to have constantly requested negotiations.
Just a day earlier, businessman Behgjet Pacolli declared that he “did not intend to resolve this issue through arbitration,” adding that the company had sought talks and agreements to continue the work. He urged the government to “choose dialogue and an agreed solution.” But his stance stands in stark contrast to the communication from the Ministry of Infrastructure and Energy, which enthusiastically stated that the issue “can now immediately be transferred to the arbitration tribunal.”
This distinction could be important in the coming battle. The International Court of Justice will examine, among other things, the conduct of the parties and the evidence that each of them will present, and there it will find an irrepressible minister to bring the contract to an end as soon as possible and to hand over the airport to another party that has not yet appeared on the scene.
Even the leader of the opposition, Sali Berisha, politically interpreted this rush as part of a plan to take the project away from Pacolli. In an interview with Opinion, he stated: "Do you know that I will also give the Vlora airport to Yeffet. There are no foreign investors left in Albania. I will drive them out one by one." Berisha added that Pacolli "did not want to sue Albania" and claimed that the financial exposure could reach at least 600 million euros.
