(a) Original Proceeding

Published Decisions

Request for Arbitration

Claimants' First Request for Provisional Measures

Claimants’ Second Request for Provisional Measures and Request for Emergency Temporary Provisional Measures

Respondent's observations on the Claimants' first request for Provisional Measures

Respondents Comments on Claimants Request for Emergency Temporary Provisional Measures

Claimants' Reply to the Respondent's observations on the First Request for Provisional Measures

Respondent’s Observations on Claimants’ Second Request for Provisional Measures

Tribunal’s Decision on the Claimants’ Request for Emergency Temporary Provisional Measures

Claimants’ Reply to Respondent’s Observations on Claimants’ Second Request for Provisional Measures

Procedural Order No. 1

Respondent's further observations on the Claimants' First Request for Provisional Measures

Respondent’s Rejoinder to Claimants’ Second Request for Provisional Measures

Hearing Transcript Redacted

Procedural Order No. 2

Tribunals Reasoned Decision on Claimants Request for Emergency Temporary Provisional Measures

Procedural Order No. 3

Decision on Claimants’ Second Request for Provisional Measures of November

Procedural Order No 4

Procedural Order No. 5

Claimants' Memorial

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 7 - Annex A

Respondent's Counter-Memorial

Procedural Order No. 9

Respondent’s Additional Preliminary Objections

Procedural Order No. 8

Procedural Order No. 8 - Annex A

Procedural Order No. 10

Procedural Order No. 10 - Annex A

Procedural Order No. 10 - Annex B

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 12 – Annex A

Procedural Order No. 12 – Annex B

Procedural Order No. 12 – Annex C

Procedural Order No. 13

Procedural Order No. 13 - Annex A

Procedural Order No. 14

Annex A to Procedural Order No. 14

Procedural Order No. 15

Procedural Order No. 15 - Annex A

Procedural Order No. 16

Procedural Order No. 16 – Annex A

Procedural Order No. 17

Procedural Order No. 18

Claimants’ Reply and Counter-Memorial on Jurisdiction

Procedural Order No. 19

Procedural Order No. 20

Procedural Order No. 21

Claimants’ Comments on the Non-Disputing Parties’ Submission

Respondent’s Comments on the Non-Disputing Parties’ Submission

Procedural Order No. 22

Respondent's Rejoinder

Claimants' Surrejoinder on New Jurisdictional Objection

Procedural Order No. 23

Procedural Order No. 24

Procedural Order No. 25

Procedural Order No. 26

Transcripts Hearing Day 1

Transcripts Hearing Day 2

Transcripts Hearing Day 3

Transcripts Hearing Day 4

Transcripts Hearing Day 5

Transcripts Hearing Day 6

Transcripts Hearing Day 7

Transcripts Hearing Day 8

Transcripts Hearing Day 9

Transcripts Hearing Day 10

Transcripts Hearing Day 11

Procedural Order No. 27

Procedural Order No. 28

Procedural Order No. 29

Procedural Order No. 30

Procedural Order No. 31

Claimants' Response to Questions Presented by the Tribunal in PO no. 27

Procedural Order No. 32

Respondent’s Response to Claimants’ Answers to the Tribunal’s Questions in PO No. 27

Procedural Order No. 33

Procedural Order No. 34

Hearing on the Merits and Jurisdiction: Transcript Day 1

Hearing on the Merits and Jurisdiction: Transcript Day 2

Hearing on the Merits and Jurisdiction: Transcript Day 3

Hearing on the Merits and Jurisdiction: Transcript Day 4

Hearing on the Merits and Jurisdiction: Transcript Day 5

Hearing on the Merits and Jurisdiction: Transcript Day 6

Hearing on the Merits and Jurisdiction: Transcript Day 7

Claimants’ Post Hearing Brief

Respondent’s Post Hearing Brief

Claimants’ Second Post Hearing Brief

Respondent’s Second Post Hearing Brief

Procedural Order No. 35

Claimants' Observations on New Evidence

Respondent’s Observations on New Evidence

Claimants’ Response to the Tribunal’s Questions of April 12, 2022

Respondent’s Reply to Claimants’ Response to the Tribunal’s Questions of April 12, 2022

Claimants’ Observations on the non-disputing parties’ application

Respondent’s Observations on the non-disputing parties’ application

Claimants’ Observations on the non-disputing parties’ submission

Respondent’s Observations on the non-disputing parties’ submission

Claimants’ Submission on Costs

Respondent’s Submission on Costs

Claimants’ Observations on Respondent’s Submission on Costs

Respondent’s Observations on Claimants’ Submission on Costs

Claimants’ Observations on the non-disputing parties’ application

Respondent’s Observations on the non-disputing parties’ application

Claimants’ Reply on the non-disputing parties’ application

Respondent’s Reply on the non-disputing parties’ application

Procedural Order No. 36

Award of the Tribunal

Available on the ICSID Website

Request for Arbitration (July 21, 2015) English (Original)

Claimants' First Request for Provisional Measures (June 16, 2016) English (Original)

Claimants’ Second Request for Provisional Measures and Request for Emergency Temporary Provisional Measures (July 28, 2016) English (Original)

Respondent's observations on the Claimants' first request for Provisional Measures (August 3, 2016) English (Original)

Respondents Comments on Claimants Request for Emergency Temporary Provisional Measures (August 10, 2016) English (Original)

Claimants' Reply to the Respondent's observations on the First Request for Provisional Measures (August 17, 2016) English (Original)

Respondent’s Observations on Claimants’ Second Request for Provisional Measures (August 17, 2016) English (Original)

Tribunal’s Decision on the Claimants’ Request for Emergency Temporary Provisional Measures (August 19, 2016) English (Original)

Claimants’ Reply to Respondent’s Observations on Claimants’ Second Request for Provisional Measures (August 24, 2016) English (Original)

Procedural Order No. 1 (August 26, 2016) English (Original)

Respondent's further observations on the Claimants' First Request for Provisional Measures (August 31, 2016) English (Original)

Respondent’s Rejoinder to Claimants’ Second Request for Provisional Measures (August 31, 2016) English (Original)

Hearing Transcript Redacted (September 23, 2016) English (Original)

Procedural Order No. 2 (October 20, 2016) English (Original)

Tribunals Reasoned Decision on Claimants Request for Emergency Temporary Provisional Measures (October 21, 2016) English (Original)

Procedural Order No. 3 (November 14, 2016) English (Original)

Decision on Claimants’ Second Request for Provisional Measures of November (November 22, 2016) English (Original)

Procedural Order No 4 (January 10, 2017) English (Original)

Procedural Order No. 5 (June 16, 2017) English (Original)

Claimants' Memorial (June 30, 2017) English (Original)

Procedural Order No. 6 (August 29, 2017) English (Original)

Procedural Order No. 7 (January 16, 2018) English (Original)

Procedural Order No. 7 - Annex A (January 16, 2018) English (Original)

Respondent's Counter-Memorial (February 22, 2018) English (Original)

Procedural Order No. 9 (June 5, 2018) English (Original)

Respondent’s Additional Preliminary Objections (May 25, 2018) English (Original)

Procedural Order No. 8 (January 30, 2018) English (Original)

Procedural Order No. 8 - Annex A (January 30, 2018) English (Original)

Procedural Order No. 10 (June 8, 2018) English (Original)

Procedural Order No. 10 - Annex A (June 8, 2018) English (Original)

Procedural Order No. 10 - Annex B (June 8, 2018) English (Original)

Procedural Order No. 11 (June 14, 2018) English (Original)

Procedural Order No. 12 (July 2, 2018) English (Original)

Procedural Order No. 12 – Annex A (July 2, 2018) English (Original)

Procedural Order No. 12 – Annex B (July 2, 2018) English (Original)

Procedural Order No. 12 – Annex C (July 2, 2018) English (Original)

Procedural Order No. 13 (July 20, 2018) English (Original)

Procedural Order No. 13 - Annex A (July 20, 2018) English (Original)

Procedural Order No. 14 (August 15, 2018) English (Original)

Annex A to Procedural Order No. 14 (August 15, 2018) English (Original)

Procedural Order No. 15 (October 18, 2018) English (Original)

Procedural Order No. 15 - Annex A (September 18, 2018) English (Original)

Procedural Order No. 16 (September 24, 2018) English (Original)

Procedural Order No. 16 – Annex A (September 24, 2018) English (Original)

Procedural Order No. 17 (October 11, 2018) English (Original)

Procedural Order No. 18 (October 23, 2018) English (Original)

Claimants’ Reply and Counter-Memorial on Jurisdiction (November 2, 2018) English (Original)

Procedural Order No. 19 (December 7, 2018) English (Original)

Procedural Order No. 20 (December 17, 2018) English (Original)

Procedural Order No. 21 (January 3, 2019) English (Original)

Claimants’ Comments on the Non-Disputing Parties’ Submission (February 28, 2019) English (Original)

Respondent’s Comments on the Non-Disputing Parties’ Submission (February 28, 2019) English (Original)

Procedural Order No. 22 (May 3, 2019) English (Original)

Respondent's Rejoinder (May 24, 2019) English (Original)

Claimants' Surrejoinder on New Jurisdictional Objection (June 28, 2019) English (Original)

Procedural Order No. 23 (September 6, 2019) English (Original)

Procedural Order No. 24 (October 22, 2019) English (Original)

Procedural Order No. 25 (October 29, 2019) English (Original)

Procedural Order No. 26 (November 12, 2019) English (Original)

Transcripts Hearing Day 1 (December 2, 2019) English (Original)

Transcripts Hearing Day 2 (December 3, 2019) English (Original)

Transcripts Hearing Day 3 (December 4, 2019) English (Original)

Transcripts Hearing Day 4 (December 5, 2019) English (Original)

Transcripts Hearing Day 5 (December 6, 2019) English (Original)

Transcripts Hearing Day 6 (December 7, 2019) English (Original)

Transcripts Hearing Day 7 (December 9, 2019) English (Original)

Transcripts Hearing Day 8 (December 10, 2019) English (Original)

Transcripts Hearing Day 9 (December 11, 2019) English (Original)

Transcripts Hearing Day 10 (December 12, 2019) English (Original)

Transcripts Hearing Day 11 (December 13, 2019) English (Original)

Procedural Order No. 27 (March 10, 2020) English (Original)

Procedural Order No. 28 (March 18, 2020) English (Original)

Procedural Order No. 29 (April 8, 2020) English (Original)

Procedural Order No. 30 (April 28, 2020) English (Original)

Procedural Order No. 31 (May 4, 2020) English (Original)

Claimants' Response to Questions Presented by the Tribunal in PO no. 27 (May 11, 2020) English (Original)

Procedural Order No. 32 (May 26, 2020) English (Original)

Respondent’s Response to Claimants’ Answers to the Tribunal’s Questions in PO No. 27 (July 13, 2020) English (Original)

Procedural Order No. 33 (September 18, 2020) English (Original)

Procedural Order No. 34 (October 22, 2020) English (Original)

Hearing on the Merits and Jurisdiction: Transcript Day 1 (September 28, 2020) English (Original)

Hearing on the Merits and Jurisdiction: Transcript Day 2 (September 29, 2020) English (Original)

Hearing on the Merits and Jurisdiction: Transcript Day 3 (September 30, 2020) English (Original)

Hearing on the Merits and Jurisdiction: Transcript Day 4 (October 1, 2020) English (Original)

Hearing on the Merits and Jurisdiction: Transcript Day 5 (October 2, 2020) English (Original)

Hearing on the Merits and Jurisdiction: Transcript Day 6 (October 3, 2020) English (Original)

Hearing on the Merits and Jurisdiction: Transcript Day 7 (October 4, 2020) English (Original)

Claimants’ Post Hearing Brief (February 18, 2021) English (Original)

Respondent’s Post Hearing Brief (February 18, 2021) English (Original)

Claimants’ Second Post Hearing Brief (April 23, 2021) English (Original)

Respondent’s Second Post Hearing Brief (April 23, 2021) English (Original)

Procedural Order No. 35 (September 30, 2021) English (Original)

Claimants' Observations on New Evidence (October 29, 2021) English (Original)

Respondent’s Observations on New Evidence (December 6, 2021) English (Original)

Claimants’ Response to the Tribunal’s Questions of April 12, 2022 (June 14, 2022) English (Original)

Respondent’s Reply to Claimants’ Response to the Tribunal’s Questions of April 12, 2022 (September 19, 2022) English (Original)

Claimants’ Observations on the non-disputing parties’ application (September 30, 2022) English (Original)

Respondent’s Observations on the non-disputing parties’ application (September 30, 2022) English (Original)

Claimants’ Observations on the non-disputing parties’ submission (October 18, 2022) English (Original)

Respondent’s Observations on the non-disputing parties’ submission (October 18, 2022) English (Original)

Claimants’ Submission on Costs (December 16, 2022) English (Original)

Respondent’s Submission on Costs (December 16, 2022) English (Original)

Claimants’ Observations on Respondent’s Submission on Costs (January 6, 2023) English (Original)

Respondent’s Observations on Claimants’ Submission on Costs (January 6, 2023) English (Original)

Claimants’ Observations on the non-disputing parties’ application (June 13, 2023) English (Original)

Respondent’s Observations on the non-disputing parties’ application (June 13, 2023) English (Original)

Claimants’ Reply on the non-disputing parties’ application (June 19, 2023) English (Original)

Respondent’s Reply on the non-disputing parties’ application (June 19, 2023) English (Original)

Procedural Order No. 36 (June 27, 2023) English (Original)

Award of the Tribunal (March 8, 2024) English (Original)

(a) Original Proceeding

Date	Development
July 30, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
October 5, 2015	Following appointment by the Claimants, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
November 19, 2015	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
November 29, 2015	Stanimir A. Alexandrov withdraws his acceptance of the appointment as arbitrator.
December 3, 2015	Following appointment by the Claimants, Horacio A. Grigera Náon (Argentine) accepts his appointment as arbitrator.
June 16, 2016	The Claimants file a request for provisional measures.
June 21, 2016	Following appointment by the Secretary-General, Teresa Cheng (Chinese) accepts her appointment as presiding arbitrator.
June 21, 2016	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Teresa Cheng (Chinese), President, appointed by the Secretary-General pursuant to the parties’ agreement, Horacio Grigera Naón (Argentine), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent.
July 28, 2016	The Claimants file a further request for provisional measures, including emergency temporary provisional measures.
August 3, 2016	The Respondent files observations on the Claimants’ request for provisional measures of June 16, 2016.
August 10, 2016	The Respondent files observations on the Claimants’ request for emergency temporary provisional measures, included in the Claimants’ further request for provisional measures of July 28, 2016.
August 12, 2016	The Tribunal holds a first session by telephone conference.
August 17, 2016	The Claimants file a response to the Respondent’s observations of August 3, 2016. The Respondent files observations on the Claimants’ further request for provisional measures of July 28, 2016.
August 19, 2016	The Tribunal decides on the Claimants’ request for emergency temporary provisional measures, included in the Claimants’ request of July 28, 2016.
August 26, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 31, 2016	The Respondent files further observations on the Claimants’ request for provisional measures of June 16, 2016. The Respondent files further observations on the Claimants’ further request for provisional measures of July 28, 2016.
September 23, 2016	The Tribunal holds a hearing on provisional measures in Washington, D.C.
October 20, 2016	The Tribunal issues Procedural Order No. 2 concerning the Claimants’ request for provisional measures of June 16, 2016.
November 14, 2016	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
November 22, 2016	The Tribunal decides on the Claimants’ further request for provisional measures of July 28, 2016.
January 10, 2017	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
June 16, 2017	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
June 30, 2017	The Claimants file a memorial on the merits.
August 29, 2017	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
January 16, 2018	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
January 30, 2018	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
February 7, 2018	Following the resignation of arbitrator Teresa Cheng, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
February 22, 2018	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
April 5, 2018	The Tribunal is reconstituted. Its members are Pierre Tercier (Swiss), President, appointed by the Secretary-General pursuant to the parties’ agreement in accordance with ICSID Arbitration Rule 11(1); Horacio A. Grigera Naón (Argentine), appointed by the Claimants; and Zachary Douglas (Australian) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rules 12.
April 5, 2018	Following the resignation of Teresa Cheng, Pierre Tercier (Swiss) accepts his appointment as presiding arbitrator, appointed by the Secretary-General pursuant to the parties’ agreement in accordance with ICSID Arbitration Rule 11(1).
May 25, 2018	The Respondent files additional preliminary objections to jurisdiction.
June 5, 2018	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
June 8, 2018	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
June 14, 2018	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
July 2, 2018	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
July 20, 2018	The Tribunal issues Procedural Order No. 13 concerning production of documents.
August 15, 2018	The Tribunal issues Procedural Order No. 14 concerning procedural matters
September 18, 2018	The Tribunal issues Procedural Order No. 15 concerning procedural matters.
September 24, 2018	The Tribunal issues Procedural Order No. 16 concerning procedural matters.
October 11, 2018	The Tribunal issues Procedural Order No. 17 concerning production of documents.
October 23, 2018	The Tribunal issues Procedural Order No. 18 concerning procedural matters.
November 2, 2018	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
November 2, 2018	Non-disputing parties file an application and a written submission pursuant to ICSID Arbitration Rule 37(2) and the Canada-Romania BIT.
November 23, 2018	Each party files observations on the non-disputing parties’ application.
December 7, 2018	The Tribunal issues Procedural Order No. 19 concerning the non-disputing parties’ application pursuant to ICSID Arbitration Rule 37(2) and the Canada-Romania BIT.
December 17, 2018	The Tribunal issues Procedural Order No. 20 concerning procedural matters.
January 3, 2019	The Tribunal issues Procedural Order No. 21 concerning procedural matters.
February 28, 2019	Each party files observations on the non-disputing parties’ submission.
May 3, 2019	The Tribunal issues Procedural Order No. 22 concerning procedural matters.
May 24, 2019	The Respondent files a rejoinder on the merits and reply on jurisdiction.
June 28, 2019	The Claimants file a rejoinder on jurisdiction.
September 6, 2019	The Tribunal issues Procedural Order No. 23 concerning procedural matters.
October 22, 2019	The Tribunal issues Procedural Order No. 24 concerning procedural matters.
October 25, 2019	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 29, 2019	The Tribunal issues Procedural Order No. 25 concerning the organization of the hearing.
November 12, 2019	The Tribunal issues Procedural Order No. 26 concerning the organization of the hearing.
December 2, 2019 - December 13, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
March 10, 2020	The Tribunal issues Procedural Order No. 27 concerning procedural matters.
March 18, 2020	The Tribunal issues Procedural Order No. 28 concerning procedural matters.
April 8, 2020	The Tribunal issues Procedural Order No. 29 concerning procedural matters.
April 28, 2020	The Tribunal issues Procedural Order No. 30 concerning procedural matters.
May 4, 2020	The Tribunal issues Procedural Order No. 31 concerning procedural matters.
May 11, 2020	The Claimants file a response to questions presented by the Tribunal in Procedural Order No. 27.
May 26, 2020	The Tribunal issues Procedural Order No. 32 concerning procedural matters.
July 13, 2020	The Respondent files a response to Claimants’ answers to questions presented by the Tribunal in Procedural Order No. 27.
September 18, 2020	The Tribunal issues Procedural Order No. 33 concerning procedural matters.
September 28, 2020 - October 4, 2020	The Tribunal holds a hearing on jurisdiction and the merits by videoconference.
October 22, 2020	The Tribunal issues Procedural Order No. 34 concerning procedural matters.
February 18, 2021	Each party files a post-hearing brief.
April 23, 2021	Each party files a reply post-hearing brief.
August 5, 2021	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
August 26, 2021	The Respondent files observations on the Claimants’ request of August 5, 2021.
September 7, 2021	The Claimants file a response to the Respondent’s observations of August 26, 2021.
September 14, 2021	The Respondent files a response to the Claimants’ observations of September 7, 2021.
September 30, 2021	The Tribunal issues Procedural Order No. 35 concerning the admissibility of new evidence.
October 29, 2021	The Claimants file observations on new evidence.
December 6, 2021	The Respondent files observations on new evidence.
April 12, 2022	The Tribunal poses questions to the parties.
June 14, 2022	The Claimants file answers to the questions posed by the Tribunal on April 12, 2022.
September 18, 2022	Non-disputing parties file an application and a written submission pursuant to ICSID Arbitration Rule 37(2) and the Canada-Romania BIT.
September 19, 2022	The Respondent files a reply to Claimants’ answers to the questions posed by the Tribunal on April 12, 2022.
September 30, 2022	Each party files observations on the non-disputing parties’ application.
October 3, 2022	The Tribunal decides on the non-disputing parties’ application pursuant to ICSID Arbitration Rule 37(2) and the Canada-Romania BIT.
October 18, 2022	Each party files observations on the non-disputing parties’ submission.
December 16, 2022	Each party files a submission on costs.
January 6, 2023	Each party files observations on the other party’s submission on costs.
May 30, 2023	Non-disputing parties file an application and a written submission pursuant to ICSID Arbitration Rule 37(2) and the Canada-Romania BIT.
June 13, 2023	Each party files observations on the non-disputing parties’ application.
June 19, 2023	Each party files a reply on the non-disputing parties’ application.
June 27, 2023	The Tribunal issues Procedural Order No. 36 concerning the non-disputing parties’ application pursuant to ICSID Arbitration Rule 37(2) and the Canada-Romania BIT.
July 14, 2023	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2) and the Canada-Romania BIT.
July 27, 2023	Each party files observations on the non-disputing party’s application.
July 31, 2023	The Tribunal decides on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2) and the Canada-Romania BIT.
September 14, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 8, 2024	The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Horacio A. Grigera Naón.

(b) Annulment Proceeding

Date	Development
July 12, 2024	The Acting Secretary-General registers an application for annulment of the award filed by Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd. and notifies the parties of the provisional stay of enforcement of the award.