Case Details

Alverley Investments Limited and Germen Properties Ltd v. Romania (ICSID Case No. ARB/18/30)

Subject of Dispute:

Commercial real estate development
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Cyprus - Romania 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Alverley Investments Limited (Cypriot), Germen Properties Ltd (Cypriot)
Respondent(s):

Romania (Romanian)
Date Registered:

August 23, 2018
Date of Constitution of Tribunal:

March 25, 2019

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by Co-Arbitrators
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Roderick Cordara, Essex Court Chambers, London, U.K.
Emilie Gonin, Doughty Street Chambers, London, U.K.
Quinn Emanuel Urquhart & Sullivan, New York, NY, U.S.A.
Dragne & Asociatii, Bucharest, Romania
Respondent(s):

Hunton Andrews Kurth, Washington, D.C., U.S.A.
SCP Toader Si Asociatii, Bucharest, Romania
SCP Cobuz Si Asociatii, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

July 12, 2021 - The Tribunal decides on the admissibility of new evidence.

No References Available.

(a) Original Proceeding

Date	Development
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.