Case Details

KELAG-Kärntner Elektrizitäts-Aktiengesellschaft and others v. Romania (ICSID Case No. ARB/21/54)

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):

KELAG-Kärntner Elektrizitäts-Aktiengesellschaft (Austrian), KI-KELAG International GmbH (Austrian), WINDFARM MV I S.r.l. (Romanian), Kelavent Charlie S.r.l. (Romanian), Kelavent Echo S.r.l. (Romanian)
Respondent(s):

Romania (Romanian)
Date Registered:

November 1, 2021
Date of Constitution of Tribunal:

July 5, 2022

Composition of Tribunal

President:

Ali MALEK (British, Iranian) - Appointed by the Secretary-General
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Hugo PEREZCANO DIAZ (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Schoenherr si Asociatii SCA, Bucharest, Romania
Schönherr Rechtsanwälte GmbH, Vienna, Austria
Respondent(s):

Squire Patton Boggs, New York, U.S.A.
MPR Partners, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 11, 2024 - March 15, 2024 - The Tribunal holds a hearing on jurisdiction and the merits in London.

No References Available.

(a) Original Proceeding

Date	Development
November 1, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
January 13, 2022	Following appointment by the Claimants, Guido Santiago Tawil (Argentine/Portuguese) accepts his appointment as arbitrator.
February 20, 2022	Following appointment by the Respondent, Hugo Perezcano Díaz (Mexican) accepts his appointment as arbitrator.
July 4, 2022	Following appointment by the Secretary-General pursuant to the parties’ agreement, Ali Malek (British/Iranian) accepts his appointment as presiding arbitrator.
July 5, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are Ali Malek (British/Iranian), President, appointed by the Secretary-General pursuant to the parties’ agreement; Guido Santiago Tawil (Argentine/Portuguese), appointed by the Claimants; and Hugo Perezcano Díaz (Mexican), appointed by the Respondent.
September 6, 2022	The Tribunal holds a first session by video conference.
September 26, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 5, 2022	The Claimants file a memorial on the merits.
October 26, 2022	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
November 16, 2022	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
December 7, 2022	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, objection to jurisdictions are joined to the merits of the dispute.
March 29, 2023	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 10, 2023	Each party files a request for the Tribunal to decide on production of documents.
June 2, 2023	The Tribunal issues Procedural Order No. 3 concerning production of documents.
September 6, 2023	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
December 6, 2023	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
January 17, 2024	The Claimants file a rejoinder on jurisdiction.
February 8, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
February 9, 2024	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
March 11, 2024 - March 15, 2024	The Tribunal holds a hearing on jurisdiction and the merits in London.