Case Details

Marco Gavazzi and Stefano Gavazzi v. Romania (ICSID Case No. ARB/12/25)

Subject of Dispute:

Steel production enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Italy - Romania 1990
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Marco Gavazzi (Italian), Stefano Gavazzi (Italian)
Respondent(s):

Romania (Romanian)
Date Registered:

August 27, 2012
Date of Constitution of Tribunal:

November 26, 2012

Composition of Tribunal

President:

Hans VAN HOUTTE (Belgian) - Appointed by Co-Arbitrators
Arbitrators:

Mauro RUBINO-SAMMARTANO (Italian) - Appointed by the Respondent(s)
V.V. VEEDER (British) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Giorgio Sacerdoti and Anna De Luca, Milano, Italy
Respondent(s):

Authority for State Assets Administration (AAAS), Bucharest, Romania
C.A. Sarbu Manuela, Bucharest, Romania
S.C.P. Cobuz Si Asociatii, Bucharest, Romania
S.P.R.L. Bostina Si Asociatii, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 18, 2017 - The Tribunal renders its award.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

May 12, 2017

Party Representatives

Claimant(s):

Giorgio Sacerdoti and Anna De Luca, Milano, Italy
Respondent(s):

Authority for State Assets Administration (AAAS), Bucharest, Romania
C.A. Sarbu Manuela, Bucharest, Romania
S.C.P. Cobuz Si Asociatii, Bucharest, Romania
S.P.R.L. Bostina Si Asociatii, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 13, 2017 - The Tribunal issues a decision on the rectification of the award; attached to the decision is a dissenting opinion by arbitrator Mauro Rubino-Sammartano.

(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

Decision on Jurisdiction, Admissibility and Liability

Decision on Jurisdiction, Admissibility and Liability - Dissenting Opinion by Arbitrator Mauro Rubino-Sammartano

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 12 - Dissenting Opinion by Arbitrator Mauro Rubino-Sammartano

Award of the Tribunal

Dissenting Opinion with Regard to Quantum by Arbitrator Mauro Rubino-Sammartano

Available on the ICSID Website

Procedural Order No. 1 (March 11, 2013) English (Original)

Procedural Order No. 2 (September 13, 2013) English (Original)

Procedural Order No. 3 (March 11, 2014) English (Original)

Procedural Order No. 4 (June 3, 2014) English (Original)

Procedural Order No. 5 (June 5, 2014) English (Original)

Decision on Jurisdiction, Admissibility and Liability (April 21, 2015) English (Original)

Decision on Jurisdiction, Admissibility and Liability - Dissenting Opinion by Arbitrator Mauro Rubino-Sammartano (April 21, 2015) English (Original)

Procedural Order No. 6 (May 9, 2015) English (Original)

Procedural Order No. 7 (September 24, 2015) English (Original)

Procedural Order No. 8 (November 5, 2015) English (Original)

Procedural Order No. 9 (December 1, 2015) English (Original)

Procedural Order No. 10 (January 17, 2016) English (Original)

Procedural Order No. 11 (April 12, 2016) English (Original)

Procedural Order No. 12 (April 22, 2016) English (Original)

Procedural Order No. 12 - Dissenting Opinion by Arbitrator Mauro Rubino-Sammartano (April 22, 2016) English (Original)

Award of the Tribunal (April 18, 2017) English (Original)

Dissenting Opinion with Regard to Quantum by Arbitrator Mauro Rubino-Sammartano (April 18, 2017) English (Original)

(b) Rectification Proceeding

Published Decisions

Decision on Rectification

Dissenting Opinion on Rectification by Arbitrator Mauro Rubino-Sammartano

Available on the ICSID Website

Decision on Rectification (July 13, 2017) English (Original)

Dissenting Opinion on Rectification by Arbitrator Mauro Rubino-Sammartano (July 13, 2017) English (Original)

(a) Original Proceeding

Date	Development
August 27, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
October 11, 2012	Following appointment by the Claimants, V. V. Veeder (British) accepts his appointment as arbitrator.
October 19, 2012	Following appointment by the Respondent, Mauro Rubino-Sammartano (Italian) accepts his appointment as arbitrator.
November 26, 2012	Following appointment by the co-arbitrators, Hans van Houtte (Belgian) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Hans van Houtte (Belgian), President, appointed by his co-arbitrators; V. V. Veeder (British), appointed by the Claimants; and Mauro Rubino-Sammartano (Italian), appointed by the Respondent.
February 19, 2013	The Tribunal holds a first session in Paris.
March 11, 2013	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 15, 2013	The Respondent files objections to jurisdiction, a counter-memorial on liability and a counter-claim. The Claimants file a submission on quantum.
July 31, 2013	The Claimants file a reply to Respondent's objections to jurisdiction and counter-claim.
August 23, 2013	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
September 13, 2013	The Tribunal issues Procedural Order No. 2 on the Respondent's request to address the objections to jurisdiction as a preliminary question.
December 17, 2013	The Claimants file a reply on liability and a counter-memorial on jurisdiction and admissibility of the counter-claim.
March 11, 2014	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
April 14, 2014	The Respondent files a rejoinder on liability and a reply on jurisdiction and the counter-claim.
May 14, 2014	The Claimants file a rejoinder on jurisdiction and the counter-claim.
June 2, 2014 - June 5, 2014	The Tribunal holds a hearing on jurisdiction, liability and counter-claim in Paris.
June 3, 2014	The Tribunal issues a Procedural Order No. 4 concerning the admissibility of new evidence.
June 5, 2014	The Tribunal issues Procedural Order No. 5 concerning post-hearing directions.
July 9, 2014	Each party files a post-hearing brief.
July 23, 2014	Each party files a reply post-hearing brief.
August 31, 2014	The Claimants file a statement on costs.
September 19, 2014	The Respondent files a statement of costs.
April 21, 2015	The Tribunal issues a decision on jurisdiction, admissibility and liability; attached to the decision is a dissenting opinion by arbitrator Mauro Rubino-Sammartano.
May 9, 2015	The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
July 7, 2015	The Claimants file a supplemental brief on quantum.
September 24, 2015	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
October 14, 2015	The Respondent files a counter-memorial on quantum.
November 5, 2015	The Tribunal issues Procedural Order No. 8 concerning the procedural calendar.
November 23, 2015	The Claimants file a reply on quantum.
December 1, 2015	The Tribunal issues Procedural Order No. 9 concerning the procedural calendar.
January 8, 2016	The Respondent files a rejoinder on quantum.
January 14, 2016	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
January 17, 2016	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
February 1, 2016 - February 3, 2016	The Tribunal holds a hearing on quantum in Paris.
April 12, 2016	The Tribunal issues Procedural Order No. 11 concerning post-hearing procedural matters.
April 22, 2016	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
May 9, 2016	Each party files a post-hearing brief.
June 22, 2016	Each party files a reply post-hearing brief.
January 11, 2017	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 18, 2017	The Tribunal renders its award.

(b) Rectification Proceeding

Date	Development
May 12, 2017	The Secretary-General registers a request for rectification of the award filed by Marco Gavazzi and Stefano Gavazzi.
May 30, 2017	Romania files observations on Marco Gavazzi and Stefano Gavazzi’s request of May 12, 2017.
May 31, 2017	Marco Gavazzi and Stefano Gavazzi file a response to Romania’s observations of May 30, 2017.
June 6, 2017	Romania files further observations on Marco Gavazzi and Stefano Gavazzi’s request of May 12, 2017.
July 13, 2017	The Tribunal issues a decision on the rectification of the award; attached to the decision is a dissenting opinion by arbitrator Mauro Rubino-Sammartano.