Case Details

Alpiq AG v. Romania (ICSID Case No. ARB/14/28)

Subject of Dispute:

Electricity generation and distribution operations
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Romania - Switzerland 1993 - ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Alpiq AG (Swiss)
Respondent(s):

Romania (Romanian)
Date Registered:

November 17, 2014
Date of Constitution of Tribunal:

September 3, 2015

Composition of Tribunal

President:

Eduardo SILVA ROMERO (Colombian, French) - Appointed by the Parties
Arbitrators:

Klaus SACHS (German) - Appointed by the Claimant(s)
Mark A. CLODFELTER (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Homburger AG, Zurich, Switzerland
Respondent(s):

Ministry of Economy, Bucharest, Romania
Tanasescu Gavrila si Asociatii, Bucharest, Romania
Zamfirescu Racoti & Partners, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 9, 2018 - The Tribunal renders its award.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

December 21, 2018 (Claimant(s))

Party Representatives

Claimant(s):

Homburger AG, Zurich, Switzerland
Respondent(s):

Ministry of Economy, Bucharest, Romania
Tanasescu Gavrila si Asociatii, Bucharest, Romania
Zamfirescu Racoti & Partners, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 21, 2019 - The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 23, 2019
Date of Constitution of ad hoc Committee:

September 10, 2019

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Toby LANDAU (British)
Members:

Lawrence BOO (Singaporean)
Carita WALLGREN-LINDHOLM (Finnish)

Party Representatives

Claimant(s):

Gaillard Banifatemi Shelbaya Disputes, Paris, France
Homburger AG, Zurich, Switzerland
Respondent(s):

Ministry of Economy, Bucharest, Romania
Tanasescu Gavrila si Asociatii, Bucharest, Romania
Zamfirescu Racoti & Partners, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 11, 2023 - The ad hoc Committee issues its decision on annulment.

No References Available.

(a) Original Proceeding

Date	Development
November 17, 2014	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 27, 2015	Following appointment by the Claimant, Klaus Sachs (German) accepts his appointment as arbitrator.
April 27, 2015	Following appointment by the Respondent, Mark A. Clodfelter (U.S.) accepts his appointment as arbitrator.
September 3, 2015	Following appointment by the parties, Eduardo Silva Romero (Colombian/French), accepts his appointment as presiding arbitrator.
September 3, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eduardo Silva Romero (Colombian/French), President, appointed by agreement of the parties; Klaus Sachs (German), appointed by the Claimant; and Mark A. Clodfelter (U.S.), appointed by the Respondent.
October 29, 2015	The Tribunal holds a first session by telephone conference.
November 10, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 29, 2016	The Claimant files a memorial on the merits.
June 29, 2016	The Respondent files a counter-memorial on the merits and objections to jurisdiction.
September 28, 2016	The Claimant files a reply on the merits and observations on the objections to jurisdiction.
January 11, 2017	The Respondent files a rejoinder on the merits and a response to the Claimant’s observations of September 28, 2016.
April 11, 2017	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
April 21, 2017	The Respondent files observations on the Claimant’s request of April 11, 2017.
April 24, 2017	The Respondent files a proposal for disqualification of arbitrator Klaus Sachs. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
April 26, 2017	The Claimant files observations on the proposal for disqualification.
May 3, 2017	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
May 8, 2017	The Respondent files a response to the Claimant’s observations of April 26, 2017.
May 12, 2017	The Claimant files further observations on the proposal for disqualification.
June 1, 2017	The proposal for disqualification of arbitrator Klaus Sachs is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
June 2, 2017	The Claimant files a renewed request for the Tribunal to decide on the admissibility of new evidence.
June 7, 2017	The Respondent files observations on the Claimant’s request of June 2, 2017.
June 9, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 12, 2017	The Tribunal issues Procedural Order No. 2 concerning the admissibility of new evidence.
June 21, 2017	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
June 27, 2017 - July 1, 2017	The Tribunal holds a hearing on jurisdiction and merits in Paris.
August 30, 2017	The Claimant files a request for provisional measures and presents an ancillary claim.
September 10, 2017	The Tribunal issues Procedural Order No. 4 concerning provisional measures.
September 18, 2017	The Respondent files observations on the Claimant’s request for provisional measures and the ancillary claim.
September 21, 2017	The Tribunal issues Procedural Order No. 5 concerning provisional measures.
November 1, 2017	Each party files a post-hearing brief.
November 15, 2017	Each party files a statement of costs.
December 6, 2017	The Tribunal issues Procedural Order No. 6 concerning provisional measures and the ancillary claim.
February 9, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 14, 2018	The Claimant files observations on the Respondent’s request of February 9, 2014.
February 27, 2018	The Tribunal decides on the admissibility of new evidence.
November 6, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 9, 2018	The Tribunal renders its award.

(b) Rectification Proceeding

Date	Development
December 21, 2018	The Secretary-General registers a request for rectification of the award filed by Alpiq AG.
January 21, 2019	Romania files observations on Alpiq’s request of December 19, 2018.
March 21, 2019	The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Date	Development
July 23, 2019	The Secretary-General registers an application for partial annulment of the award filed by Alpiq AG.
September 10, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Toby Landau (British), President; Lawrence Boo (Singaporean); and Carita Wallgren-Lindholm (Finnish); all members appointed by the Chairman of the Administrative Council.
October 3, 2019	The ad hoc Committee holds a first session by telephone conference.
October 10, 2019	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
February 14, 2020	Alpiq AG files a memorial on annulment.
June 26, 2020	Romania files a counter-memorial on annulment.
September 11, 2020	Alpiq AG files a reply on annulment.
November 12, 2020	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
November 17, 2020	Romania files a rejoinder on annulment.
December 14, 2020 - December 16, 2020	The ad hoc Committee holds a hearing on annulment by videoconference.
December 23, 2020	The ad hoc Committee issues procedural order No. 3 concerning procedural matters.
January 25, 2021	Each party files a post-hearing brief.
February 15, 2021	Romania files a reply post-hearing brief and a submission on costs.
February 15, 2021	Alpiq AG files a reply post-hearing brief including a statement of costs.
July 27, 2023	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
August 11, 2023	The ad hoc Committee issues its decision on annulment.