Case Details

Petrochemical Holding GmbH v. Romania (ICSID Case No. ARB/19/21)

Subject of Dispute:

Petroleum development contract
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Petrochemical Holding GmbH (Austrian)
Respondent(s):

Romania (Romanian)
Date Registered:

July 9, 2019
Date of Constitution of Tribunal:

February 13, 2020

Composition of Tribunal

President:

Ian BINNIE (Canadian) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
David NEUBERGER (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

McDermott Will & Emery, London, U.K. and Frankfurt, Germany
Daniel Kalderimis, London, U.K.
Lucian Ilie, London, U.K.
Respondent(s):

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
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 19, 2024 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
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.