Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Finance, funds and markets · Italy · 2015–2026

Rockhopper v. Italy (Ombrina Mare): the ICSID award and who financed it

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 4 none on record · 1 not measured · 1 disputed · 1 unclear See the gaps

A tribunal ordered Italy to pay Rockhopper Exploration EUR 190 million plus interest after Italy banned oil and gas activity within 12 miles of its coast. An ICSID committee annulled the award in 2025, and the claim was re-opened.

EUR 190 million + interestAward against Italy, annulled in 2025
As awarded on 23 August 2022; the award was annulled on 2 June 2025 and the claim was re-opened.

Status As of April 2026: a new tribunal chaired by Meg Kinnear was constituted to hear the re-submitted claim; no new ruling found.

What?
An investor-state arbitration award of EUR 190 million plus interest against Italy, issued after Italy's 12-mile coastal ban on oil and gas activity and Rockhopper's failure to obtain a production concession for Ombrina Mare. The award was financed by a litigation funder, sold to a specialist fund, insured against annulment, annulled on 2 June 2025 and re-opened. ICSID (via italaw)
Where?
The Ombrina Mare field off Italy's coast; the arbitration was held under ICSID rules. ICSID (via italaw)
When?
Ban in 2015; claim in 2017; award 23 August 2022; annulment 2 June 2025; new tribunal April 2026. ICSID (via italaw)
Who?
Gained
  • First litigation funder (named by Inside Climate News as Harbour Litigation Funding) — Received EUR 26 million of the EUR 45 million upfront payment before the award was annulled. Rockhopper Exploration (via Energy-pedia)
  • Rockhopper Exploration — Kept about EUR 15 million of the upfront payment and received EUR 31 million from its insurers. Rockhopper Exploration (via Energy-pedia)
  • Insurers — Paid EUR 31 million; they are repaid first from any proceeds of the re-submitted claim. Insurance Business
Lost
  • Italy — Bore its own defence costs from its budget; the cost of the coastal ban is not settled while the claim is heard again.
Harmed
None on record
Why?
Rockhopper did not obtain a production concession for Ombrina Mare after Italy again banned oil and gas activity within 12 miles of the coast, and claimed under the Energy Charter Treaty.
How?
Italy withdrew from the ECT in 2016, but Article 47(3) keeps investments existing at that date protected for a further 20 years, which allowed the claim. A funder paid the costs, the award was sold to a specialist fund, and a EUR 4 million policy paid out EUR 31 million on annulment. Rockhopper Exploration (via Energy-pedia)
6 of 6 questions answered from the record

What happened

The record, in order.

In 2015 Italy again banned oil and gas activity within 12 miles of its coast. Rockhopper Exploration did not obtain a production concession for the Ombrina Mare field and in 2017 brought a claim against Italy under the Energy Charter Treaty (ECT). Italy had withdrawn from the treaty in 2016; the claim could still be brought because Article 47(3) of the ECT keeps investments that existed at the date of withdrawal protected for a further 20 years.

On 23 August 2022 the tribunal ordered Italy to pay EUR 190 million plus interest. A litigation funder had covered Rockhopper's costs from 2017 until the award; Inside Climate News named the funder as Harbour Litigation Funding. Rockhopper's own statements do not name it.

On 20 December 2023 Rockhopper announced that it had sold the award to what it described as a regulated specialist fund managing more than USD 4 billion in assets. The fund paid EUR 45 million upfront, of which EUR 26 million went to the first funder and about EUR 15 million remained with Rockhopper. A further EUR 65 million was payable if the annulment proceedings ended in Rockhopper's favour.

In October 2024 Rockhopper took out an insurance policy against the risk that the award would be annulled. On 2 June 2025 an ICSID annulment committee annulled the award because one of the arbitrators had not disclosed a conviction that had been overturned years earlier. In August 2025 the insurers paid Rockhopper EUR 31 million.

Rockhopper then re-submitted the same claim; a new funder took on the costs, and money recovered from the new case is to repay the insurers first. A new tribunal, chaired by Meg Kinnear, the former ICSID Secretary-General, was constituted in April 2026. In the record reviewed Italy has made no payment to Rockhopper.

  1. 2015Italy again bans oil and gas activity within 12 miles of the coast
  2. 2016Italy withdraws from the Energy Charter Treaty
  3. 2017Rockhopper files its ECT claim over Ombrina Mare after failing to obtain a production concession
  4. 202223 August: tribunal orders Italy to pay EUR 190 million plus interest
  5. 202320 December: Rockhopper sells the award to a specialist fund for EUR 45 million upfront
  6. 2024October: Rockhopper takes out a policy against annulment of the award
  7. 20252 June: ICSID committee annuls the award; August: insurers pay Rockhopper EUR 31 million
  8. 2026April: new tribunal for the re-submitted claim constituted, chaired by Meg Kinnear

What was said

Claims, in the words of those who made them.

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Is Italy paying Rockhopper EUR 190 million?
Press and investigations
Claim as circulated (holder not named in the sources reviewed)

Italy is paying Rockhopper EUR 190 million.

Courts
ICSID annulment committee

Annulled the award on 2 June 2025 because an arbitrator had not disclosed an overturned conviction.

ICSID (via italaw)
Researchers
Climate Case Chart entry

Records the award as EUR 190 million won, annulled in 2025, with the cost borne by the taxpayer.

Climate Case Chart

How it looked

What was shown, beside what was recorded.

Shown

    Recorded

    • The ICSID annulment committee annulled the award on 2 June 2025 because an arbitrator had not disclosed a conviction that had been overturned years earlier.
    • Rockhopper's announcement of 20 December 2023 states the terms of the sale of the award: EUR 45 million upfront, EUR 26 million of it to the first funder, about EUR 15 million to Rockhopper, and EUR 65 million contingent on the annulment outcome.
    • Rockhopper received EUR 31 million from its annulment insurance; proceeds of the re-opened case repay the insurers first.
    • A new tribunal chaired by Meg Kinnear was constituted for the re-submitted claim in April 2026.
    • Climate Case Chart lists the cost of the case as falling on the taxpayer; in the sources reviewed Italy has not paid the award.
    • Italy's costs of defending the case were paid from its own budget.

    Who gained

    Money that reached nature, beside money that stayed elsewhere.

    Reached nature or the ground

    Not published
    No figure published.

    Gained elsewhere

    Not totalled
    Awarded by the tribunal against Italy (annulled 2 June 2025), plus interest€190m
    Not paid by Italy in the record reviewed.
    Upfront payment by the specialist fund for the award (20 December 2023)€45m
    First litigation funder: share of the upfront payment€26m
    Rockhopper: share of the upfront payment≈ €15m
    Contingent further payment if annulment failed (not triggered)€65m
    Annulment insurance payout to Rockhopper (August 2025)€31m
    Currency: EUR · Window: 2022–2025. All figures cover the same period. * Estimate built from cited figures.

    Responses on record

    • rockhopper (20 December 2023): Announced that it had sold the Ombrina Mare arbitration award to a regulated specialist fund: EUR 45 million upfront and a further EUR 65 million if the annulment proceedings ended in its favour. · Rockhopper Exploration (via Energy-pedia)

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 2017–2022-08-23Claimant won€190m Awarded against Italy, EUR million, plus interest (interest at EURIBOR+4); annulled 2 June 2025
      Rockhopper Exploration v. Italy (Ombrina Mare), award of 23 August 2022
      ICSID arbitration tribunal (Energy Charter Treaty) · Arbitration · Rockhopper Exploration → Italy

      The tribunal ordered Italy to pay EUR 190 million plus interest over the loss of the Ombrina Mare production concession after the 12-mile coastal ban. ICSID (via italaw)

    2. 2025-06-02Overturned on appeal
      Rockhopper Exploration v. Italy: annulment of the award
      ICSID annulment committee · Arbitration · Rockhopper Exploration → Italy

      The committee annulled the award because one of the arbitrators had not disclosed a conviction that had been overturned years earlier. ICSID (via italaw)

    3. Ongoing
      Rockhopper Exploration v. Italy: re-submitted claim
      ICSID tribunal chaired by Meg Kinnear · Arbitration · Rockhopper Exploration → Italy

      Rockhopper re-filed the same claim; a new funder covers the costs, and proceeds repay the insurers first. The tribunal was constituted in April 2026. IISD Investment Treaty News

    Insurers

    1. 2025Paid€31m Payout, EUR million, after annulment of the award (policy described as EUR 4 million)
      Insurers not named in the sources → Rockhopper Exploration
      Stated reason: Cover against annulment of the award

      Rockhopper took out the policy in October 2024. After the award was annulled the insurers paid EUR 31 million in August 2025; the insurers are repaid first from any proceeds of the re-submitted claim. Insurance Business

    What nature saw

    Outcomes measured on the ground, and nature's note.

    Nature's report opens this page. Below: further outcomes measured on the ground.

    Award against Italy
    EUR 190m
    Plus interest; annulled 2 June 2025
    Paid by Italy to Rockhopper
    None recorded
    In the sources reviewed
    Insurance payout to Rockhopper
    EUR 31m
    August 2025, after annulment

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Nature

    • Not measured Harm to nature: The record holds no measurement of harm to nature.

    Accounts

    • Disputed Is Italy paying Rockhopper EUR 190 million?

    Record

    • Unclear The sources reviewed do not report the outcome of the re-submitted claim: the new tribunal was constituted in April 2026 and no ruling was found.
    • None on record The first funder's name appears only in Inside Climate News (Harbour Litigation Funding); it does not appear in Rockhopper's own statements.
    • None on record The insurers' names and the policy premium were not found; the sources describe a EUR 4 million policy and a EUR 31 million payout without reconciling the two figures.
    • None on record The cost to Italy of its coastal ban is not settled, because the claim is being heard again.
    • None on record The Ombrina Mare coastal environment is not assessed in any of the sources reviewed: the record concerns the compensation claim, not ecological findings.

    Did the harm stop?

    The measure Rockhopper challenged, Italy's 12-mile coastal ban on oil and gas activity, is not reported as changed in the sources reviewed. The award concerned compensation.

    Who paid?

    In the record reviewed Italy has paid nothing to Rockhopper. Money moved between the first funder, the specialist fund, Rockhopper and its insurers, and Italy's defence costs came from its own budget.

    Sources

    Voices on record: ✓ Company or project— Government and regulators✓ Courts✓ Press and investigations✓ Communities and civil society✓ Researchers

    Company or project

    1. Rockhopper Exploration announces monetisation of Ombrina Mare arbitration award
      Rockhopper Exploration (via Energy-pedia) · 2023-12-20

    Courts

    Communities and civil society

    Researchers

    1. Rockhopper v. Italy (case entry)
      Climate Case Chart ·

    Law and courts

    Arbitration
    A private dispute process in which an appointed arbitrator, instead of a court, decides the case.

    Insurance

    Premium
    The price paid for an insurance policy.