The Ministry of Infrastructure has issued an announcement with enthusiastic notes about a victory that has been achieved at the International Court of Arbitration of the International Chamber of Commerce in London, but which in Vlora translates into the prolongation of the agony at the airport construction site, which still remains blocked and which the government cannot take over.
In a media release, the Ministry of Economy and Transport said that in reviewing the complaint of Vlora International Airport, the arbitrator in London did not suspend the termination of the concession contract.
"The decision constitutes an important victory for the Ministry of Infrastructure and Energy. The Emergency Arbitrator completely dismissed two of VIA's three requests and did not accept VIA's main request, namely the suspension of the termination of the Concession Contract," stated the MIE.
"As a result, the termination of the Concession Contract has entered into force," the Ministry of Infrastructure emphasized, warning that it will resort to international arbitration, adding that: "The only relief granted was a short-term interim measure."
In fact, this short-term measure is precisely what ties the government's hands in the face of the Vlora airport project. The ministry is right when it says that the termination of the contract was not formally suspended.
But the truth goes further. Two different emergency claims were filed in London, one by VIA, the concessionaire of Vlora Airport, and one by MABCO Constructions, the Mabetex group company that owns 98% of VIA. And in both proceedings, the arbitrator imposed measures that tie the government's hands to change the situation at the airport.
The government's hands are tied in relation to MABCO
After reviewing the MABCO procedure, the international arbitrator has not yet ruled on the final request for emergency measures, but issued a "Preliminary Order", a preliminary order that aims to maintain the situation until the request is reviewed.
Paragraph 38 of this order states: “In light of the above, I hereby issue this preliminary order pursuant to Article 7 of Schedule IV to the ICC Rules, ordering the MEI not to frustrate the purpose of the Emergency Request filed by the Applicant and not to take, during the course of these Emergency Arbitrator proceedings, any action relating to the termination of the Concession Contract that would aggravate this dispute or jeopardise these proceedings.”
In other words, while MABCO's request is being reviewed, the Ministry is prohibited from entering the airport and cannot take any other steps.
The government's hands are tied in relation to VIA
Even in the VIA procedure, the request with a concrete effect on the airport was accepted. It is the part that the Ministry describes simply as a "short-term interim measure."
In paragraph 210 the international arbitrator prohibited the Albanian State from (i) entering, taking possession of or assuming operational control of the Project area, assets or works; (ii) demanding the surrender of any immovable or movable property; (iii) selecting or replacing the Concessionaire with a Successor Operator; and (iv) taking any other action that would affect the status quo or aggravate the dispute, until such time as the Arbitral Tribunal, duly constituted, is in a position to reassess the situation.”
So the contract may be settled on paper, but the government can't do anything at the moment. It can't go in and take over the airport, it can't take operational control or the assets, and it can't replace VIA with another operator.
"Victory" that further delays Vlora airport
Following the London court order, the Albanian government now faces double restrictions; both those provided for in the Vlora International Airport decision and the order secured by MABCO.
This is the part that makes the Ministry’s enthusiasm for the “significant victory” it has achieved in the London court somewhat strange. The government may declare that the contract has already been settled on paper, but since it cannot enter the airport to take possession, it is understood that the delays will be extended further.
Keeping the airport in the status quo may be a victory for the corrupt segments of the government that hatched the scheme to seize the project, but it is certain that the decision in London is not considered a victory for the southern tourist operators, who are waiting in vain for planes with tourists to land directly in Akërni, Vlora.
