Case Details

S&T Oil Equipment & Machinery Ltd. v. Romania (ICSID Case No. ARB/07/13)

Subject of Dispute:

Ammonia production enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Romania - United States of America 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

S&T Oil Equipment & Machinery Ltd. (U.S.)
Respondent(s):

Romania (Romanian)
Date Registered:

July 16, 2007
Date of Constitution of Tribunal:

November 2, 2007

Composition of Tribunal

President:

Hans VAN HOUTTE (Belgian) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Hans VAN HOUTTE (Belgian)
Arbitrators:

John SAVAGE (British)
Brigitte STERN (French)
Reconstituted:

April 28, 2009: Horacio A. GRIGERA NAÓN (Argentine) appointed following the resignation of John SAVAGE (British)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A., and London, U.K.
President, S&T Oil Equipment & Machinery Ltd., Downers Grove, IL, U.S.A.
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:

July 16, 2010 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

No References Available.

(a) Original Proceeding

Date	Development
July 16, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
November 2, 2007	The Tribunal is constituted. Its members are: Hans van Houtte (Belgian), President; John Savage (British); and Brigitte Stern (French).
December 17, 2007	The Tribunal holds a first session by telephone conference.
June 18, 2008	The Claimant files a memorial on the merits.
December 9, 2008	The Tribunal confirms the procedural calendar as agreed by the parties.
December 23, 2008	The Respondent files a counter-memorial on the merits.
March 9, 2009	The Claimant files a request for production of documents.
March 31, 2009	The Claimant files a reply on the merits.
April 9, 2009	The Respondent files a proposal for the disqualification of an arbitrator; the proceeding is suspended.
April 24, 2009	Following the resignation of an arbitrator, the Acting Secretary-General notifies the parties of a vacancy on the Tribunal and the proceeding is suspended.
April 28, 2009	The Tribunal is reconstituted. Its members are: Hans van Houtte (Belgian), President; Horacio A. Grigera Naón (Argentine); and Brigitte Stern (French).
July 16, 2009	The Claimant files observations on certain documents produced by the Respondent.
July 24, 2009	The Respondent files a rejoinder on the merits. A non-disputing party applies to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 27, 2009	The Tribunal invites the parties to file observations on the non-disputing party’s application.
October 21, 2009	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
November 4, 2009	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
July 16, 2010	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).