Following the decision of the Ministry of Infrastructure to initiate the procedures for terminating the concession contract of the Vlora International Airport after the deadlines for completing the work expired, the MABCO company of businessman Behgjet Pacolli warns that it will take the matter to international arbitration. In a reaction on Facebook, Pacolli writes that so far he has not received any official notification from the Minister for the initiation of the procedure for terminating the contract, accusing the Albanian state of choosing the path of arbitration itself.
“For a strategic investment of national importance, it is unacceptable that the investor is informed by the media and not by state institutions. If this news turns out to be true, then the Albanian state is consciously choosing the path of international arbitration. MABCO has made every effort to avoid this scenario and to find an institutional solution,” the statement said.
Pacolli says that the company has made efforts for an institutional solution, but speaks of a paradox, accusing the institutions of initially preventing the completion of the project and now using these very delays as an argument for terminating the contract
Behgjet Pacolli’s full reaction
Today, the Ministry of Infrastructure and Energy has initiated the procedure for the termination of the Vlora International Airport Concession Contract. Up to this point, MABCO Constructions SA has not received any official notification from the Contracting Authority. For a strategic investment of national importance, it is unacceptable that the investor is informed by the media and not by state institutions.
If this news turns out to be true, then the Albanian state is consciously choosing the path of international arbitration. MABCO has made every effort to avoid this scenario and to find an institutional solution. Unfortunately, in the face of irresponsibility, silence and illegal actions of some state representatives, any possibility for a solution has been closed.
This arbitration will be a direct consequence of the negligence, illegal actions and irresponsibility of some representatives of state institutions, of the actions of elements that, under the cover of the institutions, have acted outside the law, as well as of the failure of an affected justice system to guarantee the implementation of the law and the protection of investor rights.
I have never wanted Albanian taxpayers to pay the bill for the negligence, irresponsibility and illegal decisions of officials who today continue to behave with indifference, because they bear no personal responsibility. The damage is not paid by them, but by Albanian citizens and businesses.
MABCO was financially exposed to over 320 million euros, not including loss of profit and legal costs. The company had completed almost all contractual obligations and was only just before the airport certification phase.
However, following the Supreme Court decision, groups acting arbitrarily and outside the law, with institutional support or tolerance, prevented MABCO from entering the site and completing the project. For months, in the presence of the State Police, the investor was kept off his property, while valuable equipment was damaged, destroyed and some was even stolen.
The paradox is clear: on the one hand, the institutions prevented the completion of the project, while on the other hand, they seek to use this obstacle as a reason to terminate the contract.
This contradicts the decision of the Supreme Court, the Concession Contract, the Bilateral Investment Protection Agreement between Switzerland and Albania, and the universal principle of law that no one can benefit from their own illegal behavior.
If the procedure is confirmed, MABCO will defend its rights with all legal means, including the evidence and facts it possesses against anyone who has caused this shameful scandal, up to and including international commercial ARBITRATION against the Republic of Albania.
This is not a threat. It is the legal consequence of illegal actions and irresponsible inactions of representatives of state institutions.