Case Details

Nova Group Investments, B.V. v. Romania (ICSID Case No. ARB/16/19)

Subject of Dispute:

Company shareholding
Economic Sector:

Services & Trade
Instrument(s) Invoked:

BIT Romania - Netherlands 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Nova Group Investments, B.V. (Dutch)
Respondent(s):

Romania (Romanian)
Date Registered:

July 5, 2016
Date of Constitution of Tribunal:

November 17, 2016

Composition of Tribunal

President:

Jean Engelmayer KALICKI (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Thomas CLAY (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Debevoise & Plimpton, London, U.K.
Christopher Harris, Robert Purves, Kate Holderness, Scott Ralston, George Chalfoun, Cameron Miles, William Day, 3 Verulam Buildings, London, U.K.
Dentons, Bucharest, Romania
Houthoff, Rottherdam, The Netherlands
Respondent(s):

Akinci Law Office, Istanbul, Turkey
Derains & Gharavi, Paris, France
Trofin & Associates, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

April 5, 2024 -
The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

No References Available.

(a) Original Proceeding

Date	Development
June 21, 2016	The Claimant files a request for provisional measures.
July 5, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
September 8, 2016	Following appointment by the Claimant, Klaus Reichert (Irish/German) accepts his appointment as arbitrator.
October 3, 2016	Following appointment by the Respondent, Thomas Clay (French) accepts his appointment as arbitrator.
October 14, 2016	The Respondent files observations on the Claimant’s request for provisional measures.
November 8, 2016	The Claimant files a response to the Respondent’s observations of October 14, 2016.
November 16, 2016	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Jean Engelmayer Kalicki, (U.S.) accepts her appointment as presiding arbitrator.
November 17, 2016	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Jean Engelmayer Kalicki (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Klaus Reichert, (German/Irish), appointed by the Claimant; and Thomas Clay (French), appointed by the Respondent.
December 12, 2016	The Respondent files a reply to the Claimant’s observations of November 8, 2016.
December 19, 2016	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
December 21, 2016	The Tribunal holds a first session by telephone conference.
December 23, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 26, 2016	The Tribunal issues Procedural Order No. 2 concerning production of documents.
January 6, 2017	The Tribunal issues Procedural Order No. 3 concerning production of documents.
January 15, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
January 16, 2017	The Tribunal issues Procedural Order No. 4 concerning production and admission of documents.
January 25, 2017	The Respondent files a response to the Claimant’s observations of January 15, 2017.
February 6, 2017	The Claimant files a rejoinder on the request to address the objections to jurisdiction as a preliminary question.
February 17, 2017	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing on provisional measures.
March 2, 2017 - March 3, 2017	The Tribunal holds a hearing on provisional measures in London.
March 6, 2017	The Respondent files a request for provisional measures.
March 27, 2017	The Claimant files observations on the Respondent’s request of March 6, 2017.
March 29, 2017	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
March 29, 2017	The Tribunal issues Procedural Order No. 7 concerning the Claimant’s request for provisional measures.
April 10, 2017	The Respondent files a request for reconsideration of Procedural Order No. 7.
April 12, 2017	The Claimant files observations on the Respondent’s request of April 10, 2017.
April 18, 2017	The Tribunal issues Procedural Order No. 8 concerning the Respondent’s request of April 10, 2017.
April 26, 2017	The Tribunal issues Procedural Order No. 9 concerning provisional measures.
July 21, 2017	The Claimant files a memorial on the merits.
September 5, 2017	The Respondent files a request for the exclusion of evidence.
September 13, 2017	The Claimant files observations on the Respondent’s request of September 5, 2017.
November 15, 2017	The Tribunal issues Procedural Order No. 10 concerning the exclusion of evidence.
February 10, 2018	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
March 21, 2018	The Respondent files a request for reconsideration of the Tribunal’s decision of March 29, 2017.
April 10, 2018	The Claimant files observations on the Respondent’s request of March 21, 2018.
April 20, 2018	The Tribunal issues Procedural Order No. 11 concerning the Respondent’s request of March 21, 2018.
April 25, 2018	The Claimant files a request for a stay of the proceeding.
April 30, 2018	The Tribunal issues Procedural Order No. 12 concerning production of documents.
May 3, 2018	The Respondent files observations on the Claimant’s request of April 25, 2018 and a request for reconsideration of the Tribunal’s decision of March 29, 2017.
May 14, 2018	The Claimant files a response to the Respondent’s observations of May 3, 2018 and observations on the Respondent’s request of May 3, 2018.
May 27, 2018	The Tribunal issues Procedural Order No. 13 concerning the Claimant’s request of April 25, 2018 and the Respondent’s request of May 3, 2018.
July 10, 2018	The Respondent files a request pertaining to decisions on provisional measures.
July 20, 2018	The Claimant files observations on the Respondent’s request of July 10, 2018.
August 13, 2018	The Tribunal issues Procedural Order No. 14 concerning the Respondent’s request of July 10, 2018.
November 6, 2018	The Respondent files a request pertaining to the status of the proceeding.
November 13, 2018	The Claimant files observations on the Respondent’s request of November 6, 2018.
November 14, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 19, 2018	The Tribunal issues Procedural Order No. 15 concerning the Respondent’s request of November 6, 2018.
November 30, 2018	Each party files observations on the non-disputing party’s written submission.
January 9, 2019	The Tribunal issues a Procedural Order No. 16 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 27, 2019	The Tribunal issues Procedural Order No. 17 concerning the procedural calendar.
April 4, 2019	The Tribunal issues Procedural Order No. 18 concerning production of documents.
April 10, 2019	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
May 31, 2019	Each party files observations on the non-disputing party’s written submission.
June 6, 2019	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
June 21, 2019	The Tribunal issues Procedural Order No. 19 concerning the stay of the proceeding.
June 21, 2019	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
July 19, 2019	The Tribunal issues Procedural Order No. 20 concerning procedural matters.
October 9, 2019	The proceeding is resumed following payment of the required advances.
October 11, 2019	The Claimant files a reply on the merits.
October 25, 2019	The Tribunal issues Procedural Order No. 21 concerning the procedural calendar.
December 6, 2019	Each party files further observations on the non-disputing party’s application.
June 1, 2020	The Tribunal issues Procedural Order No. 22 concerning the procedural calendar.
July 16, 2020	The Respondent files a rejoinder on the merits.
November 6, 2020	The Tribunal issues Procedural Order No. 23 concerning procedural matters.
November 11, 2020	The Claimant files a rejoinder on jurisdiction.
November 24, 2020	The Tribunal issues Procedural Order No. 24 concerning procedural matters.
November 25, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
November 30, 2020	The Tribunal issues Procedural Order No. 25 concerning organization of the hearing.
December 1, 2020	The Tribunal issues Procedural Order No. 26 concerning procedural matters.
January 2, 2021	The Tribunal issues Procedural Order No. 27 concerning procedural matters.
January 21, 2021	The Tribunal issues a decision on an objection to jurisdiction.
January 23, 2021	The Tribunal issues Procedural Order No. 28 concerning procedural matters.
February 1, 2021	The Tribunal issues Procedural Order No. 29 concerning procedural matters.
February 4, 2021	The Tribunal holds a case management meeting with the parties by video conference.
February 5, 2021	The Tribunal issues Procedural Order No. 30 concerning organization of the hearing.
February 8, 2021 - February 12, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
February 20, 2021	The Tribunal issues Procedural Order No. 31 concerning organization of the next phase of the hearing.
April 12, 2021 - April 13, 2021	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
May 1, 2021	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
July 23, 2021	Each party files a statement of costs.
July 30, 2021	Each party files observations on the other party’s statement of costs.
April 5, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).