Case Details

RTI Rotalin Gas Trading AG and Rotalin Gaz Trading S.R.L. v. Republic of Moldova (ICSID Case No. ARB(AF)/22/4)

Subject of Dispute:

Oil and gas enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

RTI Rotalin Gas Trading AG (Liechtenstein), Rotalin Gaz Trading S.R.L. (Moldovan)
Respondent(s):

Republic of Moldova (Moldovan)
Date Registered:

August 3, 2022
Date of Constitution of Tribunal:

December 2, 2022

Composition of Tribunal

President:

Maxi SCHERER (German) - Appointed by the Parties
Arbitrators:

Inka HANEFELD (German) - Appointed by the Claimant(s)
Jean Engelmayer KALICKI (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Baker McKenzie, Vienna, Austria
Respondent(s):

SVL Legal, Chicago, IL, U.S.A.
Bivol & Asociații, Kishinev, Moldova
Lexters, Bucharest, Romania
Ministry of Energy, Kishinev, Moldova
National Agency for Energy Regulation, Kishinev, Moldova
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 22, 2024 - The Tribunal issues Procedural Order No. 10 concerning production of documents.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Available on the ICSID Website

Procedural Order No. 1 (February 28, 2023) English (Original)

Procedural Order No. 2 (October 11, 2023) English (Original)

Procedural Order No. 3 (December 11, 2023) English (Original)

Procedural Order No. 4 (December 18, 2023) English (Original)

Procedural Order No. 5 (May 10, 2024) English (Original)

Procedural Order No. 6 (July 15, 2024) English (Original)

(a) Original Proceeding

Date	Development
August 3, 2022	The Secretary-General registers a request for the institution of arbitration proceedings.
October 7, 2022	Following appointment by the Respondent, Jean Engelmayer Kalicki (U.S.) accepts her appointment as arbitrator.
October 7, 2022	Following appointment by the Claimants, Inka Hanefled (German) accepts her appointment as arbitrator.
December 2, 2022	Following appointment by agreement of the parties, Maxi Scherer (German) accepts her appointment as presiding arbitrator.
December 2, 2022	The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Maxi Scherer (German), President, appointment by agreement of the parties; Inka Hanefeld (German), appointment by the Claimants; and Jean Kalicki (U.S.), appointed by the Respondent.
January 30, 2023	The Tribunal holds a first session by video conference.
February 28, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 7, 2023	The Claimants file a memorial on the merits.
July 19, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
August 30, 2023	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
October 5, 2023	The Claimants file a request for provisional measures.
October 11, 2023	The Tribunal issues a decision concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
October 16, 2023	The Respondent files observations on the Claimants’ request for provisional measures.
October 23, 2023	The Claimants file a response to the Respondent’s observations of October 16, 2023.
October 30, 2023	The Respondent files a response to the Claimants’ observations of October 23, 2023.
November 17, 2023	The Tribunal issues a decision concerning provisional measures.
December 11, 2023	The Tribunal issues Procedural Order No. 3 concerning provisional measures.
December 18, 2023	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
February 16, 2024	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 10, 2024	The Tribunal issues Procedural Order No. 5 concerning production of documents.
June 11, 2024	The Claimants file a request for provisional measures.
June 14, 2024	The Respondent files observations on the Claimants’ request for provisional measures.
July 15, 2024	The Tribunal issues Procedural Order No. 6 concerning provisional measures.
July 30, 2024	The Tribunal issues Procedural Order No. 7 concerning production of documents.
August 5, 2024	The Claimants file a Reply on the merits and a Counter-Memorial on jurisdiction.
October 3, 2024	The Respondent files a Rejoinder on the merits and a Reply on jurisdiction.
October 17, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 21, 2024	The Tribunal issues Procedural Order No. 8 concerning the admissibility of new evidence.
November 1, 2024	The President holds a case management conference with the parties by video conference.
November 5, 2024	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
November 22, 2024	The Tribunal issues Procedural Order No. 10 concerning production of documents.