Case Details
Alverley Investments Limited and Germen Properties Ltd v. Romania (ICSID Case No. ARB/18/30)
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Commercial real estate development
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Other Industry
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BIT Cyprus - Romania 1991
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ICSID Convention - Arbitration Rules
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Alverley Investments Limited (Cypriot), Germen Properties Ltd (Cypriot)
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Romania (Romanian)
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August 23, 2018
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March 25, 2019
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Christopher GREENWOOD (British) - Appointed by Co-Arbitrators
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Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s) -
Roderick Cordara, London, U.K.
Emilie Gonin, London, U.K.
Quinn Emanuel Urquhart & Sullivan, New York, NY, U.S.A.
Dragne & Asociatii, Bucharest, Romania -
Hunton Andrews Kurth, Washington, D.C., U.S.A.
SCP Toader Si Asociatii, Bucharest, Romania
SCP Cobuz Si Asociatii, Bucharest, Romania -
English
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Concluded
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March 16, 2022 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Excerpts of Award
Available on the ICSID Website
Excerpts of Award (March 16, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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August 23, 2018 | The Secretary-General registers a request for the institution of arbitration proceedings. |
November 28, 2018 | Following appointment by the Claimants, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator. |
January 8, 2019 | Following appointment by the Respondent, Pierre Mayer (French) accepts his appointment as arbitrator. |
January 31, 2019 | The Claimants file a request for provisional measures. |
March 25, 2019 | Following appointment by his co-arbitrators, Christopher Greenwood (British) accepts his appointment as presiding arbitrator. |
March 25, 2019 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by his co-arbitrators; Bernard Hanotiau (Belgian), appointed by the Claimants; and Pierre Mayer (French), appointed by the Respondent. |
April 17, 2019 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
April 23, 2019 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
May 3, 2019 | Each party files observations on the non-disputing party’s application. |
May 3, 2019 | The Respondent files observations on the Claimants’ request for provisional measures. |
May 3, 2019 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
May 3, 2019 | The Respondent files an application for security for costs. |
May 8, 2019 | The Tribunal holds a first session by telephone conference. |
May 10, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
May 10, 2019 | The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 23, 2019 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 30, 2019 | The Claimants file observations on the Respondent’s application for security for costs. |
May 31, 2019 | The Claimants file observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
June 13, 2019 | The Respondent files a response to the Claimants’ observations of May 30, 2019. |
June 13, 2019 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
June 14, 2019 | The Respondent files a reply on its preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
June 21, 2019 | The Claimants file a response to the Respondent’s observations on the Claimants’ request for provisional measures of May 3, 2019. |
June 27, 2019 | The Respondent files a reply on its request to address the objections to jurisdiction as a preliminary question. |
June 27, 2019 | The Claimants file a response to the Respondent’s observations of June 13, 2019. |
June 28, 2019 | The Claimants file a rejoinder on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
July 11, 2019 | The Claimants file a rejoinder on the request to address the objections to jurisdiction as a preliminary question. |
July 12, 2019 | The Respondent files a rejoinder on the Claimants’ request for provisional measures. |
July 12, 2019 | The President holds a pre-hearing organization meeting with the parties by telephone conference. |
July 13, 2019 | The Tribunal issues Procedural Order No. 3 concerning organization of the hearing. |
July 18, 2019 - July 19, 2019 | The Tribunal holds a hearing on provisional measures and preliminary objections pursuant to ICSID Arbitration Rule 41(5) in Paris. |
July 30, 2019 | Each party files a submission on costs. |
August 1, 2019 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
August 1, 2019 | The Tribunal issues a decision on provisional measures. |
August 1, 2019 | The Tribunal issues a decision on security for costs. |
August 1, 2019 | The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
August 23, 2019 | The Tribunal issues Procedural Order No. 4 concerning the procedural calendar. |
October 1, 2019 | The Tribunal issues Procedural Order No. 5 concerning the production of documents. |
October 25, 2019 | The Respondent files a memorial on jurisdiction. |
December 7, 2019 | The Claimants file a counter-memorial on jurisdiction. |
December 31, 2019 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
January 17, 2020 | The Tribunal issues Procedural Order No. 7 concerning the production of documents. |
February 11, 2020 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
February 20, 2020 | The Tribunal issues Procedural Order No. 9 concerning procedural matters. |
February 21, 2020 | The Respondent files a reply on jurisdiction. |
February 29, 2020 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |
March 25, 2020 | The Claimants file a rejoinder on jurisdiction. |
March 30, 2020 | The President of the Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
March 30, 2020 | The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing. |
April 6, 2020 - April 8, 2020 | The Tribunal holds a hearing on jurisdiction by video conference. |
May 19, 2020 | Each party files a post-hearing brief. |
June 10, 2020 | Each party files a reply post-hearing brief. |
June 26, 2020 | Each party files a submission on costs. |
June 22, 2021 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
July 2, 2021 | The Respondent files observations on the Claimant’s request of June 22, 2021. |
July 7, 2021 | The Claimant files a response to the Respondent’s observations of July 2, 2021. |
July 9, 2021 | The Respondent files comments on the Claimant’s response of July 7, 2021. |
July 12, 2021 | The Tribunal decides on the admissibility of new evidence. |
March 16, 2022 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
March 16, 2022 | The Tribunal renders its award. |