Case Details

Ioan Micula, Viorel Micula and others v. Romania (ICSID Case No. ARB/05/20)

Proceeding Materials Procedural Details

  • Food products enterprise
  • Other Industry
  • BIT Sweden - Romania 2002
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Ioan Micula (Swedish), S.C. European Food S.A. (Romanian), S.C. Multipack S.R.L. (Romanian), S.C. Starmill S.R.L. (Romanian), Viorel Micula (Swedish)
    • Romania (Romanian)
    • October 13, 2005
    • September 12, 2006

      Composition of Tribunal

    • Laurent LÉVY (Brazilian, Swiss) - Appointed by the Chairman of the Administrative Council
    • Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
      Georges ABI-SAAB (Egyptian) - Appointed by the Respondent(s)

      Initial Composition of Tribunal

    • Laurent LÉVY (Brazilian, Swiss)
    • Stanimir A. ALEXANDROV (Bulgarian)
      Claus-Dieter EHLERMANN (German)
    • July 22, 2009: Georges ABI-SAAB (Egyptian) appointed following the resignation of Claus-Dieter EHLERMANN (German)

      Party Representatives

    • King & Spalding, London, U.K., Washington, D.C. and Houston, TX, U.S.A.
      Shearman & Sterling, London, U.K. and Paris, France
    • Freshfields Bruckhaus Deringer, New York, NY, U.S.A., Frankfurt, Germany and Paris, France
      Nestor Nestor Diculescu Kingston Petersen, Bucharest, Romania
    • English
    • Concluded
    • December 11, 2013 - The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Georges Abi-Saab.

    (b) Annulment Proceeding

    • Respondent(s)
    • April 18, 2014 (Respondent(s))
    • May 12, 2014

      Party Representatives

    • Mannheimer Swartling, Stockholm, Sweden
      Shearman & Sterling, Paris, France
    • Freshfields Bruckhaus Deringer, New York, NY, U.S.A., Frankfurt, Germany and Paris, France
      Nestor Nestor Diculescu Kingston Petersen, Bucharest, Romania
    • English
    • Concluded
    • February 26, 2016 - The ad hoc Committee issues its decision on annulment.

    (c) Interpretation Proceeding

    • Respondent(s)
    • March 4, 2022
    • July 1, 2022

      Party Representatives

    • F.A. Vasquez Consulting, Vienna, U.S.A.
      White & Case, Washington DC & New York, U.S.A.
      Three Crowns, Washington, D.C., U.S.A.
      Prof. Jan Paulsson
    • K&L Gates, New York, NY, U.S.A.
      SLV Legal, Chicago, IL, U.S.A.
    • English
    • Concluded
    • December 7, 2023 - The Tribunal issues a decision on interpretation; attached to the decision is a separate opinion of J. Christopher Thomas.

(a) Annulment Proceeding

Published Decisions

Decision on Annulment (Original) (February 26, 2016)

(b) Interpretation Proceeding

Published Decisions

Decision on Interpretation (English;)

Separate opinion of J. Christopher Thomas (English;)

(a) Original Proceeding

Date Development
October 13, 2005 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 26, 2006 Following appointment by the Claimants, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
February 10, 2006 Following appointment by the Respondent, Claus-Dieter Ehlermann (German) accepts his appointment as arbitrator.
July 10, 2006 The parties file a joint request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
September 11, 2006 Following appointment by the Chairman of the Administrative Council, Laurent Lévy (Brazilian/Swiss) accepts his appointment as presiding arbitrator.
September 12, 2006 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian) appointed by the Claimant; and Claus-Dieter Ehlermann (German), appointed by the Respondent.
November 10, 2006 The Tribunal holds its first session in Paris.
March 13, 2007 The Claimants file a memorial on the merits.
September 10, 2007 The Respondent files objections to jurisdiction and admissibility.
October 9, 2007 The proceeding on the merits is suspended pursuant to the parties’ agreement.
October 22, 2007 The Tribunal confirms the parties’ agreement on the further procedure on jurisdiction and admissibility.
February 1, 2008 The Claimants file a counter-memorial on jurisdiction.
March 28, 2008 The Respondent files a reply on jurisdiction and admissibility.
May 30, 2008 The Claimants file a rejoinder on jurisdiction and admissibility.
June 14, 2008 The Tribunal holds a pre-hearing conference with the parties by telephone.
June 19, 2008 - June 20, 2008 The Tribunal holds a hearing on jurisdiction and admissibility in Paris.
September 24, 2008 The Tribunal issues a decision on jurisdiction and admissibility.
December 2, 2008 The Tribunal confirms the procedural calendar as agreed by the parties.
March 27, 2009 The Tribunal confirms the procedural calendar as agreed by the parties.
April 2, 2009 A non-disputing party files an application to file a written submission.
April 6, 2009 The Respondent files a counter-memorial on the merits.
May 7, 2009 The parties file observations on the non-disputing party’s application.
May 15, 2009 The Tribunal decides on the application of a non-disputing party to file a written submission and invites the parties to file observations on the modalities of the non-disputing party’s participation.
May 18, 2009 The Claimants file a request for a site visit.
May 22, 2009 The parties file observations on the modalities of the non-disputing party’s participation.
May 26, 2009 Following the resignation of an arbitrator, the Acting Secretary-General notifies the parties of the vacancy on the Tribunal; the proceeding is suspended.
The Tribunal consents to the resignation of the arbitrator and the Acting Secretary-General notifies the parties thereof.
June 25, 2009 Pursuant to the parties’ agreement, the suspension of the proceeding is partially lifted, insofar as the Tribunal’s decision on the modalities of a non-disputing party’s participation.
The Tribunal decides on the modalities of the non-disputing party’s participation.
July 20, 2009 The non-disputing party files a written submission.
July 22, 2009 The Tribunal is reconstituted. Its members are: Laurent Lévy (Swiss/Brazilian), President; Stanimir A. Alexandrov (Bulgarian); and Georges Abi-Saab (Egyptian).
September 14, 2009 The Tribunal confirms the procedural calendar as agreed by the parties.
November 16, 2009 The parties file observations on the non-disputing party’s written submission.
The Claimants file a request for production of documents.
December 16, 2009 The Respondent files observations on the Claimants' request for production of documents.
December 22, 2009 The Claimants file a reply on the merits.
January 8, 2010 The Tribunal issues a procedural order concerning production of documents.
March 3, 2010 The Tribunal issues a procedural order concerning confidentiality.
April 9, 2010 The Respondent files a request for production of documents.
April 12, 2010 The Tribunal confirms the procedural calendar.
April 26, 2010 - April 27, 2010 The Claimants file observations on the Respondent's request for production of documents.
April 27, 2010 The Respondent files a response to the Claimants' observations.
April 29, 2010 The Claimants file further observations on the Respondent's request for production of documents.
May 27, 2010 The Tribunal issues a procedural order concerning production of documents.
June 11, 2010 The Respondent files a rejoinder on the merits.
July 21, 2010 The Claimants file a request to submit additional evidence.
July 22, 2010 The Respondent files observations on the Claimants' request to submit additional evidence.
July 23, 2010 The Claimants file a response to Respondent's observations.
July 26, 2010 The Respondent files further observations on the Claimants' request of July 21, 2010.
The Claimants files a response to the Respondent's observations of July 26, 2010.
July 28, 2010 The Tribunal decides on the Claimants' request of July 21, 2010.
August 24, 2010 The Tribunal issues a procedural order concerning the admissibility of new evidence and the procedural calendar.
September 24, 2010 The Respondent files rebuttal expert reports and evidence on quantum.
September 30, 2010 The President holds a pre-hearing conference with the parties by telephone.
October 13, 2010 The Tribunal issues a procedural order concerning the hearing on the merits.
October 22, 2010 The Tribunal issues a further procedural order concerning the hearing on the merits.
October 27, 2010 The Tribunal issues a further procedural order concerning the hearing on the merits.
November 3, 2010 The Claimants file a request for provisional measures.
November 5, 2010 The Tribunal issues a procedural order concerning the Claimants’ request for provisional measures.
November 8, 2010 - November 19, 2010 The Tribunal holds a hearing on the merits and quantum in Paris.
November 19, 2010 The Claimants renew their request for a site visit.
November 25, 2010 The Tribunal issues a procedural order concerning evidentiary issues and the procedural calendar.
November 30, 2010 The Respondent files observations on the Claimants' request for provisional measures.
December 20, 2010 The Claimants file a revised request for relief.
December 20, 2010 The Claimants file a response to the Respondent’s observations of November 30, 2010.
January 10, 2011 The Respondent files observations on the Claimants’ revised request for relief.
January 17, 2011 The Respondent files a response to the Claimant’s observations of December 20, 2010.
January 20, 2011 The Tribunal issues a procedural order concerning the Claimants' renewed request for a site visit of November 19, 2010.
March 2, 2011 The Tribunal issues a decision on provisional measures.
March 4, 2011 The Claimants file a request for provisional measures.
March 11, 2011 The Respondent files observations on the Claimants’ request for provisional measures.
April 6, 2011 The Tribunal issues a procedural order concerning the Claimants’ revised request for relief of December 20, 2010.
April 12, 2011 The Respondent files a request for the admissibility of new evidence.
April 15, 2011 The Claimants file observations on the Respondent’s request of April 12, 2011.
April 29, 2011 The Tribunal issues a decision on the admissibility of new evidence.
May 6, 2011 The Tribunal poses questions to the parties.
May 9, 2011 The parties file post-hearing briefs.
May 27, 2011 The Tribunal issues a decision on provisional measures.
June 6, 2011 - June 7, 2011 The Tribunal holds a further hearing on the merits and quantum in Paris
October 14, 2011 The Claimants file a further request for provisional measures.
November 11, 2011 The Respondent files observations on the Claimants' request for provisional measures.
November 23, 2011 The Tribunal issues a procedural order concerning provisional measures.
December 16, 2011 The Tribunal issues a further procedural order on provisional measures.
August 1, 2012 The Respondent files a request for the revocation of provisional measures.
September 28, 2012 The Claimants file observations on the Respondent's request for the revocation of provisional measures.
October 8, 2012 The Respondent files a request for the Tribunal to decide on production of documents.
October 18, 2012 The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
October 30, 2012 The Tribunal issues a procedural order concerning production of documents.
December 21, 2012 The Respondent files a reply on the revocation of provisional measures.
February 15, 2013 The Claimants file a rejoinder on the revocation of provisional measures.
March 5, 2013 The Claimants file a request for provisional measures.
March 8, 2013 The Respondent files observations on the Claimants’ request for provisional measures.
March 14, 2013 The Claimants file a response to the Respondent’s observations of March 8, 2013.
March 21, 2013 The Respondent files further observations on the Claimants’ response of March 14, 2013.
March 27, 2013 The Tribunal issues a decision on provisional measures.
April 5, 2013 The Tribunal issues a decision on provisional measures.
June 15, 2013 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 19, 2013 Each party files a submission on costs.
December 11, 2013 The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Georges Abi-Saab.

(b) Annulment Proceeding

Date Development
April 18, 2014 The Secretary-General registers an application for annulment of the award filed by Romania, and notifies the parties of the provisional stay of enforcement of the award.
May 12, 2014 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Claus von Wobeser (Mexican), President; Bernardo M. Cremades (Spanish); and Abdulqawi Ahmed Yusuf (Somali); all members appointed by the Chairman of the Administrative Council.
May 22, 2014 Romania files a request to continue the stay of enforcement of the award.
June 10, 2014 Ioan Micula, Viorel Micula and others file observations on Romania's request to continue the stay of enforcement and a request for provisional measures.
June 11, 2014 Ioan Micula, Viorel Micula and others file preliminary objections pursuant to ICSID Arbitration Rules 41(5) and 53.
June 20, 2014 Romania files a reply on its request to continue the stay of enforcement of the award and observations on the request for provisional measures filed by Ioan Micula, Viorel Micula and others.
June 23, 2014 The ad hoc Committee holds a first session by telephone conference.
June 25, 2014 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
The ad hoc Committee issues a decision on the applicable arbitration rules and on the preliminary objections filed by Ioan Micula, Viorel Micula and others.
June 27, 2014 Ioan Micula, Viorel Micula and others file a rejoinder to Romania's request to continue the stay of enforcement and a reply on its request for provisional measures.
July 9, 2014 Romania files a rejoinder on the request for provisional measures filed by Ioan Micula, Viorel Micula and others.
August 7, 2014 The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
August 18, 2014 The ad hoc Committee issues a decision on the request for provisional measures filed by Ioan Micula, Viorel Micula and others.
September 8, 2014 Romania files a memorial on annulment.
October 15, 2014 A non-disputing party files an application to file a written submission.
October 23, 2014 Each party files observations on the non-disputing party’s application.
December 2, 2014 Ioan Micula, Viorel Micula and others file a counter-memorial on annulment.
December 3, 2014 The ad hoc Committee issues a decision on the non-disputing party’s application to file a written submission.
January 9, 2015 The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
March 9, 2015 Romania files a reply on annulment.
June 9, 2015 Ioan Micula, Viorel Micula and others file a rejoinder on annulment.
September 21, 2015 - September 22, 2015 The ad hoc Committee holds a hearing on annulment in Paris.
September 21, 2015 The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence.
October 13, 2015 Each party files a statement of costs.
January 13, 2016 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
February 26, 2016 The ad hoc Committee issues its decision on annulment.

(c) Interpretation Proceeding

Date Development
March 4, 2022

The Secretary-General registers an application for interpretation of the award of December 11, 2013 filed by Romania.
May 12, 2022

Following appointment by Romania, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
June 8, 2022

Following appointment by Ioan Micula, Viorel Micula and others, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
June 30, 2022

Following appointment by agreement of the parties, Laurent Lévy (Brazilian, Swiss) accepts his appointment as presiding arbitrator.
July 1, 2022

The Tribunal is constituted in accordance with 37(2)(b) of the ICSID Convention.  Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimants; and J. Christopher Thomas (Canadian), appointed by the Respondent.
August 3, 2022

Ioan Micula, Viorel Micula and others file a request for security for costs and for the Tribunal to decide on costs.
September 2, 2022

Romania files observations on Ioan Micula, Viorel Micula and others’ request for security for costs and for the Tribunal to decide on costs.
September 29, 2022

The Tribunal holds a first session by video conference.
October 3, 2022

The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 11, 2022

The Tribunal issues a decision on Ioan Micula, Viorel Micula and others’ request for security for costs and for the Tribunal to decide on costs.
December 8, 2022

Romania files a memorial on the application for interpretation of the award.
March 9, 2023

Micula, Viorel Micula and others file a counter-memorial on the application for interpretation of the award.
April 21, 2023

The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing.
May 3, 2023

Ioan Micula, Viorel Micula and others file a rejoinder on interpretation.
May 15, 2023

The Tribunal holds a hearing on interpretation in Washington D.C.
June 12, 2023

Each Party files a submission on costs.
September 8, 2023

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
December 7, 2023

The Tribunal issues a decision on interpretation; attached to the decision is a separate opinion of J. Christopher Thomas.