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Who is lying about the Arbitration decision for Vlora Airport? MIE and Pacolli give two versions of the same decision

2026-09-17 16:33:14Aktualitet SHKRUAR NGA REDAKSIA VOX
Who is lying about the Arbitration decision for Vlora Airport? MIE and Pacolli
Rama and Pacolli

Two different versions of the same arbitration decision. The Ministry of Infrastructure and Energy considers the Emergency Arbitration decision a victory and says that the termination of the Vlora Airport concession contract has entered into force. On the other hand, businessman Behgjet Pacolli claims that the arbitrator's order obliges the MEI to refrain from actions related to the termination of the concession.

According to the Ministry of Economy, the Emergency Arbitrator has dismissed VIA's main request for a stay of the termination of the concession contract and the Notice of Settlement. The ministry says that requests for mediation and a two-month postponement of the start of the arbitration have also been dismissed.

The Ministry of Interior emphasizes that the only measure accepted was a temporary measure to maintain the status quo, until the constitution of the arbitration tribunal. According to the ministry, this measure does not affect the validity or effectiveness of the termination of the contract.

But Pacolli, who owns 98% of VIA's shares through MABCO, says otherwise. In his statement, he says that the emergency arbitrator has ordered the MEI to refrain from any action related to the termination of the concession that could aggravate the dispute or violate the arbitration procedure.

The Ministry of Interior says that the contract has been terminated and this solution has entered into force. Pacolli requests that the government not take steps related to this solution, arguing that the arbitrator's order must be respected.

MIE statement:

On September 16, 2026, the Emergency Arbitrator issued the Order in the context of emergency arbitration proceedings initiated by VIA, the Concessionaire under the Vlora Airport Concession Contract.

The decision constitutes a significant victory for the Ministry of Infrastructure and Energy. The Emergency Arbitrator dismissed two of VIA’s three claims in their entirety and did not accept VIA’s main claim, namely the suspension of the termination of the Concession Contract. The only measure ordered was the limited and temporary maintenance of the status quo, until the arbitration tribunal is constituted and able to examine the case.

Most importantly, the Arbitrator dismissed VIA’s main claim to suspend both the termination of the Concession Contract and the enforcement of the Notice of Settlement, under the broadly extra-contractual terms sought by VIA. The Emergency Arbitrator agreed with MIE that neither the Contract nor the evidence presented provided a sufficient legal basis to do so.

As a result, the termination of the Concession Contract has entered into force.

The arbitrator also dismissed VIA’s requests to compel MIE to participate in the mediation and to appoint a mediator, as well as to postpone the start of the arbitration for a further two months. The dismissal of these requests confirms that the dispute, in which MIE will continue to vigorously defend its position, can now proceed immediately to the arbitral tribunal.

The only relief granted was a short-term interim measure. The Emergency Arbitrator ordered MEI to temporarily refrain from exercising certain rights arising from the termination of the Concession Contract. The Arbitrator emphasized that the measure is short-term and will remain in force only until the arbitral tribunal is constituted and able to consider the matter. The short-term measure does not affect the validity or effectiveness of the termination of the Concession Contract.

In light of these findings, the Emergency Arbitrator also ordered VIA to bear the costs of the emergency arbitration proceedings.

The decision therefore represents a clear failure by VIA to secure the decision that constituted the essence of its claim. VIA sought to prevent the entry into force of the termination of the Concession Contract and to delay the commencement of the arbitration through a protracted mediation process. It achieved neither. The termination of the Contract was not suspended, the requests for mediation and extension of time were dismissed, and the only claim granted was a short-term measure maintaining the status quo until the arbitral tribunal is constituted and can consider the case itself.

The decision enables the MEI to prepare further steps arising from the termination of the Concession Contract, which are necessary to protect the public interest, while fully respecting the limited and short-term measure ordered pending the constitution of the arbitration tribunal and its decision on this matter.

In accordance with the Emergency Arbitrator's decision, the Ministry of Interior will notify VIA today that the termination of the Concession Contract has entered into force.

Pacolli's statement:

PUBLIC APPEAL TO THE GOVERNMENT OF ALBANIA

Following the Government's unilateral decision to terminate the concession contract for Vlora Airport, MABCO, the investor and financier of this project, as well as the owner of 98% of VIA's shares, was forced, in accordance with the contractual terms, to resort to international arbitration to protect its rights and investment.

On 16 September 2026, the ICC emergency arbitrator, in the framework of the London-based proceedings, issued a preliminary order requiring the Ministry of Infrastructure and Energy to refrain, during the emergency proceedings, from any action related to the termination of the concession that could aggravate the dispute or prejudice these proceedings. This order must be respected.

I call on the Government to reconsider its position and create the conditions for an institutional and constructive dialogue.

MABCO DID NOT INTEND to resolve this matter through ARBITRATION. Through multiple letters, attempts at meetings, calls for constructive action and the removal of obstacles, we have consistently sought to develop negotiations and reach a civilized agreement that would enable the continuation of work and the completion of the airport.

Our proposal remains clear: to enable us to complete the airport and put it into operation.

At this stage, we demand that legitimacy be restored to VIA, that our work and investment be respected, and that the process of completing the airport continue.

I call on the Government once again to choose dialogue and an agreed solution. Completing this work and putting it at the service of citizens, tourism and the Albanian economy would be in the public interest and would avoid significant expenses for legal procedures.


Në përputhje me standarded JTI

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