Case Details
Nova Group Investments, B.V. v. Romania (ICSID Case No. ARB/16/19)
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Company shareholding
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Services & Trade
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BIT Romania - Netherlands 1994
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ICSID Convention - Arbitration Rules
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Nova Group Investments, B.V. (Dutch)
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Romania (Romanian)
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July 5, 2016
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November 17, 2016
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Jean Engelmayer KALICKI (U.S.) - Appointed by the Chairman of the Administrative Council
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Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Thomas CLAY (French) - Appointed by the Respondent(s) -
Debevoise & Plimpton, London, U.K.
Christopher Harris, Robert Purves, Kate Holderness, Scott Ralston, George Chalfoun, Cameron Miles, William Day, 3 Verulam Buildings, London, U.K.
Dentons, Bucharest, Romania
Houthoff, Rottherdam, The Netherlands -
Akinci Law Office, Istanbul, Turkey
Derains & Gharavi, Paris, France
Trofin & Associates, Bucharest, Romania -
English
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Concluded
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June 13, 2024 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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June 21, 2016 | The Claimant files a request for provisional measures. |
July 5, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 8, 2016 | Following appointment by the Claimant, Klaus Reichert (Irish/German) accepts his appointment as arbitrator. |
October 3, 2016 | Following appointment by the Respondent, Thomas Clay (French) accepts his appointment as arbitrator. |
October 14, 2016 | The Respondent files observations on the Claimant’s request for provisional measures. |
November 8, 2016 | The Claimant files a response to the Respondent’s observations of October 14, 2016. |
November 16, 2016 | Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Jean Engelmayer Kalicki, (U.S.) accepts her appointment as presiding arbitrator. |
November 17, 2016 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Jean Engelmayer Kalicki (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Klaus Reichert, (German/Irish), appointed by the Claimant; and Thomas Clay (French), appointed by the Respondent. |
December 12, 2016 | The Respondent files a reply to the Claimant’s observations of November 8, 2016. |
December 19, 2016 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
December 21, 2016 | The Tribunal holds a first session by telephone conference. |
December 23, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
December 26, 2016 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
January 6, 2017 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
January 15, 2017 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
January 16, 2017 | The Tribunal issues Procedural Order No. 4 concerning production and admission of documents. |
January 25, 2017 | The Respondent files a response to the Claimant’s observations of January 15, 2017. |
February 6, 2017 | The Claimant files a rejoinder on the request to address the objections to jurisdiction as a preliminary question. |
February 17, 2017 | The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing on provisional measures. |
March 2, 2017 - March 3, 2017 | The Tribunal holds a hearing on provisional measures in London. |
March 6, 2017 | The Respondent files a request for provisional measures. |
March 27, 2017 | The Claimant files observations on the Respondent’s request of March 6, 2017. |
March 29, 2017 | The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
March 29, 2017 | The Tribunal issues Procedural Order No. 7 concerning the Claimant’s request for provisional measures. |
April 10, 2017 | The Respondent files a request for reconsideration of Procedural Order No. 7. |
April 12, 2017 | The Claimant files observations on the Respondent’s request of April 10, 2017. |
April 18, 2017 | The Tribunal issues Procedural Order No. 8 concerning the Respondent’s request of April 10, 2017. |
April 26, 2017 | The Tribunal issues Procedural Order No. 9 concerning provisional measures. |
July 21, 2017 | The Claimant files a memorial on the merits. |
September 5, 2017 | The Respondent files a request for the exclusion of evidence. |
September 13, 2017 | The Claimant files observations on the Respondent’s request of September 5, 2017. |
November 15, 2017 | The Tribunal issues Procedural Order No. 10 concerning the exclusion of evidence. |
February 10, 2018 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
March 21, 2018 | The Respondent files a request for reconsideration of the Tribunal’s decision of March 29, 2017. |
April 10, 2018 | The Claimant files observations on the Respondent’s request of March 21, 2018. |
April 20, 2018 | The Tribunal issues Procedural Order No. 11 concerning the Respondent’s request of March 21, 2018. |
April 25, 2018 | The Claimant files a request for a stay of the proceeding. |
April 30, 2018 | The Tribunal issues Procedural Order No. 12 concerning production of documents. |
May 3, 2018 | The Respondent files observations on the Claimant’s request of April 25, 2018 and a request for reconsideration of the Tribunal’s decision of March 29, 2017. |
May 14, 2018 | The Claimant files a response to the Respondent’s observations of May 3, 2018 and observations on the Respondent’s request of May 3, 2018. |
May 27, 2018 | The Tribunal issues Procedural Order No. 13 concerning the Claimant’s request of April 25, 2018 and the Respondent’s request of May 3, 2018. |
July 10, 2018 | The Respondent files a request pertaining to decisions on provisional measures. |
July 20, 2018 | The Claimant files observations on the Respondent’s request of July 10, 2018. |
August 13, 2018 | The Tribunal issues Procedural Order No. 14 concerning the Respondent’s request of July 10, 2018. |
November 6, 2018 | The Respondent files a request pertaining to the status of the proceeding. |
November 13, 2018 | The Claimant files observations on the Respondent’s request of November 6, 2018. |
November 14, 2018 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
November 19, 2018 | The Tribunal issues Procedural Order No. 15 concerning the Respondent’s request of November 6, 2018. |
November 30, 2018 | Each party files observations on the non-disputing party’s written submission. |
January 9, 2019 | The Tribunal issues a Procedural Order No. 16 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 27, 2019 | The Tribunal issues Procedural Order No. 17 concerning the procedural calendar. |
April 4, 2019 | The Tribunal issues Procedural Order No. 18 concerning production of documents. |
April 10, 2019 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 31, 2019 | Each party files observations on the non-disputing party’s written submission. |
June 6, 2019 | The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
June 21, 2019 | The Tribunal issues Procedural Order No. 19 concerning the stay of the proceeding. |
June 21, 2019 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
July 19, 2019 | The Tribunal issues Procedural Order No. 20 concerning procedural matters. |
October 9, 2019 | The proceeding is resumed following payment of the required advances. |
October 11, 2019 | The Claimant files a reply on the merits. |
October 25, 2019 | The Tribunal issues Procedural Order No. 21 concerning the procedural calendar. |
December 6, 2019 | Each party files further observations on the non-disputing party’s application. |
June 1, 2020 | The Tribunal issues Procedural Order No. 22 concerning the procedural calendar. |
July 16, 2020 | The Respondent files a rejoinder on the merits. |
November 6, 2020 | The Tribunal issues Procedural Order No. 23 concerning procedural matters. |
November 11, 2020 | The Claimant files a rejoinder on jurisdiction. |
November 24, 2020 | The Tribunal issues Procedural Order No. 24 concerning procedural matters. |
November 25, 2020 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
November 30, 2020 | The Tribunal issues Procedural Order No. 25 concerning organization of the hearing. |
December 1, 2020 | The Tribunal issues Procedural Order No. 26 concerning procedural matters. |
January 2, 2021 | The Tribunal issues Procedural Order No. 27 concerning procedural matters. |
January 21, 2021 | The Tribunal issues a decision on an objection to jurisdiction. |
January 23, 2021 | The Tribunal issues Procedural Order No. 28 concerning procedural matters. |
February 1, 2021 | The Tribunal issues Procedural Order No. 29 concerning procedural matters. |
February 4, 2021 | The Tribunal holds a case management meeting with the parties by video conference. |
February 5, 2021 | The Tribunal issues Procedural Order No. 30 concerning organization of the hearing. |
February 8, 2021 - February 12, 2021 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
February 20, 2021 | The Tribunal issues Procedural Order No. 31 concerning organization of the next phase of the hearing. |
April 12, 2021 - April 13, 2021 | The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference. |
May 1, 2021 | The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference. |
July 23, 2021 | Each party files a statement of costs. |
July 30, 2021 | Each party files observations on the other party’s statement of costs. |
April 5, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
June 13, 2024 | The Tribunal renders its award. |