Case Details

Zbigniew Piotr Grot and others v. Republic of Moldova (ICSID Case No. ARB/16/8)

Subject of Dispute:

Farming operations
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT Moldova - United States of America 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Grot Cimarron LLC (U.S.), Laguardia USA LLC (U.S.), Zbigniew Piotr Grot (Polish,U.S.), I.C.S. Laguardia SRL (Moldovan)
Respondent(s):

Republic of Moldova (Moldovan)
Date Registered:

March 21, 2016
Date of Constitution of Tribunal:

July 28, 2016

Composition of Tribunal

President:

Philippe SANDS (British, French, Mauritian) - Appointed by Co-Arbitrators
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Gleason Wells, PC, Denver, CO, U.S.A.
Respondent(s):

Ministry of Justice, Chisinau, Republic of Moldova
Schönherr Moldova, Chisinau, Republic of Moldova
Schönherr Rechtsanwälte, Vienna, Republic of Austria
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 28, 2018 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Hearing on Jurisdiction and the Merits—Transcript, Day 1

Hearing on Jurisdiction and the Merits—Transcript, Day 2

Hearing on Jurisdiction and the Merits—Transcript, Day 3

Available on the ICSID Website

Hearing on Jurisdiction and the Merits—Transcript, Day 1 (December 11, 2017)

Hearing on Jurisdiction and the Merits—Transcript, Day 2 (December 12, 2017)

Hearing on Jurisdiction and the Merits—Transcript, Day 3 (December 13, 2017)

(a) Original Proceeding

Date	Development
March 21, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
July 14, 2016	Following appointment by the Claimants, L. Yves Fortier (Canadian) accepts his appointment as arbitrator. Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator.
July 27, 2016	Following appointment by his co-arbitrators, Phillipe Sands (British/French) accepts his appointment as presiding arbitrator.
July 28, 2016	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Phillipe Sands (British/French), President, appointed by his co-arbitrators; Yves Fortier (Canadian), appointed by the Claimants; and Rolf Knieper (German), appointed by the Respondent.
October 31, 2016	The Tribunal holds a first session in Washington, D.C.
December 7, 2016	The Claimants file a request for default.
December 7, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 19, 2016	The Respondent files observations on the Claimants’ request of December 7, 2016.
January 13, 2017	The Tribunal issues Procedural Order No. 2 concerning the Claimants’ request of December 7. 2016.
January 16, 2017	The Claimants file a memorial on the merits, including a request by Grot Cimarron LLC to withdraw its claim.
May 9, 2017	The Tribunal issues Procedural Order No. 3 concerning the production of documents.
May 15, 2017	The Respondent files a counter-memorial on jurisdiction and the merits, including various requests related to certain supporting documentation submitted by the Claimants with their memorial, and observations on Grot Cimarron LLC’s request of January 16, 2017.
July 7, 2017	The Claimants file observations on the Respondent’s request of May 15, 2017.
July 25, 2017	The Tribunal issues Procedural Order No. 4 concerning the parties’ requests of January 16, 2017 and May 15, 2017.
August 14, 2017	The Claimants file a reply on jurisdiction and the merits.
November 13, 2017	The Respondent files a rejoinder on jurisdiction and the merits.
November 29, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
December 2, 2017	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
December 11, 2017 - December 13, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Vienna.
December 21, 2017	The Claimants request to file a further written submission on quantum.
December 29, 2017	The Respondent files observations on the Claimants’ request of December 21, 2017.
January 4, 2018	The Tribunal decides on the Claimants’ request of December 21, 2017.
January 18, 2018	The Claimants file a written submission on quantum.
January 31, 2018	The Respondent files a submission on costs.
February 1, 2018	The Claimants file a submission on costs.
April 25, 2018	The Tribunal poses questions to the parties.
May 15, 2018	Each party files answers to the questions posed by the Tribunal on April 25, 2018.
June 5, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 28, 2018	The Tribunal renders its award.