Case Details

EDF (Services) Limited v. Romania (ICSID Case No. ARB/05/13)

Subject of Dispute:

Duty free services
Economic Sector:

Services & Trade
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Romania 1995
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

EDF (Services) Limited (British)
Respondent(s):

Romania (Romanian)
Date Registered:

July 29, 2005
Date of Constitution of Tribunal:

December 20, 2005

Composition of Tribunal

President:

Piero BERNARDINI (Italian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Arthur W. ROVINE (U.S.) - Appointed by the Claimant(s)
Yves DERAINS (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Wolf Theiss, Vienna, Austria
Respondent(s):

Tuca Zbârcea & Asociatii, Bucharest, Romania
White & Case, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 8, 2009 - The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.

(a) Original Proceeding

Published Decisions

Award

Dissenting Opinion (Attached to the Award)

Available on the ICSID Website

Award (October 8, 2009) English (Original)

Dissenting Opinion (Attached to the Award) (October 8, 2009) English (Original)

(a) Original Proceeding

Date	Development
July 29, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
December 20, 2005	The Tribunal is constituted. Its members are: Piero Bernardini (Italian), President; Yves Derains (French); and Arthur W. Rovine (U.S.).
February 6, 2006	The Tribunal holds a first session in Washington, D.C.
February 23, 2006	The Tribunal issues a procedural order concerning the schedule for the filing of written submissions contained in the minutes of the first session.
July 6, 2006	The Claimant files a memorial on the merits.
July 11, 2006	The Claimant files a request for production of documents.
July 17, 2006	The Respondent files a response to the Claimant's request of July 11, 2006.
July 27, 2006	The President of the Tribunal issues an order concerning confidentiality.
October 11, 2006	The Respondent files a counter-memorial on the merits and observations on the Claimant's request for production of documents.
July 2, 2007	The Claimant files a reply on the merits.
March 11, 2008	The Respondent files a rejoinder on the merits.
May 2, 2008	The Respondent files a request for provisional measures.
May 8, 2008	The Claimant files observations on the request for provisional measures.
May 9, 2008	The Respondent files a reply on provisional measures.
May 13, 2008	The Claimant files a rejoinder on provisional measures.
June 3, 2008	The Tribunal issues a procedural order concerning the request for provisional measures.
September 3, 2008	The Tribunal issues a procedural order concerning the admissibility of evidence.
September 10, 2008	The Claimant files objections to the Tribunal’s procedural order of September 3, 2008.
September 22, 2008 - September 26, 2008	The Tribunal holds a hearing on the merits in Washington, D.C.
December 5, 2008	The parties file post-hearing briefs.
February 6, 2009	The parties file reply post-hearing briefs.
March 27, 2009	The parties file statements on costs.
June 8, 2009	The Tribunal declares the proceeding closed.
June 11, 2009	The Claimant files a request to reopen the proceeding.
June 26, 2009	The Respondent files observations on the Claimant’s request to reopen the proceeding.
July 23, 2009	The Tribunal issues a procedural order concerning the Claimant's request to reopen the proceeding.
July 27, 2009	The parties file amended statements of costs.
October 8, 2009	The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.