Case Details
Petrochemical Holding GmbH v. Romania (ICSID Case No. ARB/19/21)
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Petroleum development contract
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Oil, Gas & Mining
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ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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Petrochemical Holding GmbH (Austrian)
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Romania (Romanian)
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July 9, 2019
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February 13, 2020
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Ian BINNIE (Canadian) - Appointed by the Parties
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Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
David NEUBERGER (British) - Appointed by the Respondent(s) -
McDermott Will & Emery, London, U.K. and Frankfurt, Germany
Daniel Kalderimis, London, U.K.
Lucian Ilie, London, U.K. -
Ministry of Public Finance, Bucharest, Romania
Ben Juratowitch, London, U.K.
Freshfields Bruckhaus Deringer, Vienna, Austria, Frankfurt, Germany and Paris, France
Filip & Company, Bucharest, Romania -
English
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Concluded
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November 19, 2024 - The Tribunal renders its award.
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Respondent(s)
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March 20, 2025
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May 19, 2025
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Michael D. NOLAN (U.S.)
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McDermott Will & Emery, London, U.K.
Daniel Kalderimis, London, U.K.
Armando Neris, London, U.K. -
Freshfields Bruckhaus Deringer, Frankfurt, Germany, Paris, France and Vienna, Austria
Filip & Company, Bucharest, Romania -
English
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Pending
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May 19, 2025 - The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Michael D. Nolan (U.S.), President; Carmen Núñez-Lagos (Spanish); and Justin Gleeson (Australian); all members appointed by the Chairman of the Administrative Council.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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July 9, 2019 | The Secretary-General registers a request for the institution of arbitration proceedings. |
November 19, 2019 | Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator. |
December 20, 2019 | Following appointment by the Respondent, David Neuberger (British) accepts his appointment as arbitrator. |
February 13, 2020 | Following appointment by agreement of the parties, Ian Binnie (Canadian) accepts his appointment as presiding arbitrator. |
February 13, 2020 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ian Binnie (Canadian), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimant; and David Neuberger (British), appointed by the Respondent. |
May 27, 2020 | The Tribunal holds a first session by telephone conference. |
July 8, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 27, 2020 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
November 23, 2020 | The Claimant files a memorial on the merits. |
December 4, 2020 | The Tribunal issues Procedural Order No. 3 concerning the procedural calendar. |
June 5, 2021 | The Respondent files a counter-memorial on the merits. |
July 19, 2021 | The Tribunal issues Procedural Order No. 4 concerning the procedural calendar. |
August 4, 2021 | The Respondent files a request for security for costs. |
September 3, 2021 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
September 27, 2021 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
October 2, 2021 | The Claimant files observations on the Respondent’s request for security for costs. |
October 27, 2021 | The Respondent files a response to the Claimant’s observations of October 2, 2021. |
November 3, 2021 | The Claimant files a response to the Respondent’s observations of October 27, 2021. |
November 18, 2021 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
November 18, 2021 | The Tribunal issues Procedural Order No. 6 concerning security for costs. |
January 26, 2022 | The Tribunal issues Procedural Order No. 8 concerning the procedural calendar. |
February 8, 2022 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
April 4, 2022 | The Tribunal issues Procedural Order No. 9 concerning the disclosure of third party funding. |
May 23, 2022 | The Tribunal issues Procedural Order No. 10 concerning the disclosure of third party funding. |
June 28, 2022 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
August 14, 2022 | The Tribunal holds a case management conference with the parties by video conference. |
August 18, 2022 | The Tribunal issues Procedural Order No. 11 concerning organization of the hearing and document production. |
August 29, 2022 | The Claimant files a rejoinder on jurisdiction. |
August 30, 2022 | The Respondent files a request for the exclusion of evidence. |
August 31, 2022 | The Respondent files a request for the exclusion of evidence. |
September 6, 2022 | The Claimant files observations on the Respondent’s requests of August 30 and August 31, 2022. |
September 13, 2022 | The Tribunal decides on the Respondent’s requests of August 30 and August 31, 2022. |
September 15, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
September 23, 2022 | The Tribunal issues Procedural Order No. 12 concerning organization of the hearing. |
October 3, 2022 - October 4, 2022 | The Tribunal holds a hearing on jurisdiction and the merits in person in London and by video conference. |
October 6, 2022 - October 7, 2022 | The Tribunal holds the continuation of the hearing on jurisdiction and merits in person in London and by video conference. |
October 10, 2022 - October 14, 2022 | The Tribunal holds the continuation of the hearing on jurisdiction and merits in person in London and by video conference. |
December 30, 2022 | Each party files a post-hearing brief. |
January 18, 2023 | The Respondent files a request to address quantum in a separate phase of the proceeding. |
February 2, 2023 | The Claimant files observations on the request to address quantum in a separate phase of the proceeding. |
February 28, 2023 | The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request to address quantum in a separate phase of the proceeding. |
April 13, 2023 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
April 24, 2023 | The Tribunal issues Procedural Order No. 14 concerning organization of the hearing. |
May 22, 2023 - May 26, 2023 | The Tribunal holds a hearing on quantum in person in London and by video conference. |
August 28, 2023 | Each party files a post-hearing brief. |
September 25, 2023 | Each party files a reply post-hearing brief. |
December 20, 2023 | Each party files a submission on costs. |
October 29, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 19, 2024 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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March 20, 2025 | The Secretary-General registers an application for annulment of the award filed by Romania and notifies the parties of the provisional stay of enforcement of the award. |
May 19, 2025 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Michael D. Nolan (U.S.), President; Carmen Núñez-Lagos (Spanish); and Justin Gleeson (Australian); all members appointed by the Chairman of the Administrative Council. |
May 19, 2025 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Michael D. Nolan (U.S.), President; Carmen Núñez-Lagos (Spanish); and Justin Gleeson (Australian); all members appointed by the Chairman of the Administrative Council. |