Case Details

EP Wind Project (Rom) Six Ltd. v. Romania (ICSID Case No. ARB/20/15)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

EP Wind Project (Rom) Six Ltd. (Cypriot)
Respondent(s):

Romania (Romanian)
Date Registered:

May 19, 2020
Date of Constitution of Tribunal:

April 1, 2021

Composition of Tribunal

President:

Maxi SCHERER (German) - Appointed by Co-Arbitrators
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Joe SMOUHA (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX and Washington, D.C., U.S.A., and Paris, France
Respondent(s):

Derains & Gharavi, Paris, France and Trofin & Associates, Bucharest, Romania
Ministry of Economy, Energy, and Business Environment, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

April 10, 2024 - The Claimant files a response to the Respondent’s observations of March 29, 2024.

No References Available.

(a) Original Proceeding

Date	Development
May 19, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
September 4, 2020	Following appointment by the Claimant, Charles Poncet (Swiss) accepts his appointment as arbitrator.
September 14, 2020	Following appointment by the Respondent, Joe Smouha (British) accepts his appointment as arbitrator.
April 1, 2021	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Maxi Scherer (German), President, appointed by her co-arbitrators in consultation with the parties; Charles Poncet (Swiss), appointed by Claimant; and Joe Smouha (British), appointed by Respondent.
April 1, 2021	Following appointment by her co-arbitrators in consultation with the parties, Maxi Scherer (German), accepts her appointment as presiding arbitrator.
May 24, 2021	The Tribunal holds a first session by video conference.
May 31, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 5, 2021	The Claimant files a memorial on jurisdiction and the merits.
October 19, 2021	The Tribunal decides on procedural matters.
October 19, 2021	The Tribunal decides on the procedural calendar.
June 1, 2022	The Tribunal decides on the procedural calendar.
June 14, 2022	The Respondent files a counter-memorial on jurisdiction and the merits.
July 26, 2022	Following exchanges between the parties, they each file a request for the Tribunal to decide on production of documents.
August 15, 2022	The Tribunal issues Procedural Order No. 2 concerning production of documents.
November 3, 2022	The Claimant files a reply on jurisdiction and the merits.
February 27, 2023	The European Commission files an Application for Leave to Intervene as Non-Disputing Party.
March 30, 2023	The Respondent files a rejoinder on jurisdiction and the merits.
April 12, 2023	The Parties file simultaneous observations on the European Commission’s Application.
April 13, 2023	The Respondent files further observations on the European Commission’s Application.
April 13, 2023	The Tribunal holds a pre-hearing organizational meeting with the Parties by video conference.
April 14, 2023	The Tribunal issues a Decision on the European Commission’s Application for Leave to Intervene as Non-Disputing Party (with reasons to follow).
April 28, 2023	The Tribunal issues Procedural Order No. 3 concerning the reasoned Decision on the European Commission’s Application for Leave to Intervene as Non-Disputing Party.
May 1, 2023	The European Commission files a written submission pursuant to ICSID Arbitration Rule 37(2).
May 4, 2023	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
May 8, 2023	The Parties file simultaneous observations on the European Commission’s written submission.
May 15, 2023 - May 19, 2023	The Tribunal holds a hearing on jurisdiction and merits in Paris.
August 10, 2023	Each Party files a post-hearing brief.
September 15, 2023	Each Party files a statement of costs.
January 22, 2024	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
January 29, 2024	The Respondent files observations on the Claimant’s request of January 22, 2024.
February 5, 2024	The Tribunal issues a decision on the admissibility of new evidence.
March 14, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 15, 2024	The Claimant files observations on the Respondent’s request of March 14, 2024.
March 16, 2024	The Tribunal issues a decision on the admissibility of new evidence.
March 29, 2024	The Respondent files observations on the Tribunal’s decision of March 16, 2024.
April 10, 2024	The Claimant files a response to the Respondent’s observations of March 29, 2024.