Case Details

Fin.Doc S.r.l. and others v. Romania (ICSID Case No. ARB/20/35)

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):

Mr. Alberto Bergonzoni (Italian), En.Doc S.r.l. (Italian), Ecosuntek S.p.a. (Italian), Mrs. Cristina Buselli (Italian), Mr. Nicola Casale (Italian), Mr. Daniele Farini (Italian), Mr. Sergio Ramadori (Italian), Mr. Gianni Felletti (Italian), Mrs. Domenica Gazineo (Italian), Fin.Doc S.r.l. (Italian)
See attached full list of Claimants
Respondent(s):

Romania (Romanian)
Date Registered:

September 17, 2020
Date of Constitution of Tribunal:

March 30, 2021

Composition of Tribunal

President:

Lucy REED (U.S.) - Appointed by the Parties
Arbitrators:

James SPIGELMAN (Australian) - Appointed by the Claimant(s)
Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Asafo & Co, Paris, France
Schönherr Rechtsanwälte, Vienna, Austria
Schoenherr si Asociatii, Bucharest, Romania
Respondent(s):

Dechamps International Law, London, U.K.
3 Verulam Buildings, London, U.K.
Pelinari & Pelinari Law Firm, Bucharest, Romania
Jonathan J Gass, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 16, 2025 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
September 17, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
November 25, 2020	Following appointment by the Claimants, James Spigelman (Australian) accepts his appointment as arbitrator.
December 16, 2020	Following appointment by the Respondent, Donald M. McRae (Canadian/New Zealand) accepts his appointment as arbitrator.
March 29, 2021	Following appointment by agreement of the parties, Lucy Reed (U.S.) accepts her appointment as presiding arbitrator.
March 30, 2021	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Lucy Reed (U.S.), President, appointed by agreement of the parties; James Spigelman (Australian), appointed by the Claimants; and Donald M. McRae (Canadian/New Zealand), appointed by the Respondent.
May 10, 2021	The Tribunal holds a first session by video conference.
May 11, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 7, 2021	The Claimants file a memorial on the merits.
November 8, 2021	The Respondent files a request to address certain matters as a preliminary question.
December 8, 2021	The Claimants file observations on the request to address certain matters as a preliminary question.
January 7, 2022	The Tribunal issues a decision on the Respondent’s request to address certain matters as a preliminary question.
June 7, 2022	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
June 24, 2022	The Tribunal issues Procedural Order No. 2 concerning the hearing.
July 26, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
August 11, 2022	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 21, 2022	The Claimants file a reply on the merits and a counter-memorial on jurisdictional objections.
May 15, 2023	The Respondent files a rejoinder on the merits and a reply on jurisdiction objections.
June 9, 2023	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
June 23, 2023	Each party files observations on the non-disputing party’s application.
June 28, 2023	The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 6, 2023	The Claimants file a rejoinder on jurisdictional objections.
September 1, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
September 2, 2023	The Tribunal issues Procedural Order No.5 concerning organization of the hearing.
October 2, 2023 - October 13, 2023	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
October 20, 2023	The Tribunal issues Procedural Order No.6 concerning post-hearing procedural matters.
January 12, 2024	Each party files a post-hearing brief.
February 16, 2024	Each party files a statement of costs.
December 10, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 16, 2025	The Tribunal renders its award.