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:

September 11, 2024 - A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

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.
March 15, 2024	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
March 28, 2024	The Respondent files a request for the exclusion of evidence.
April 2, 2024	The Claimants file observations on the Respondent’s request of March 28, 2024.
April 8, 2024	The Respondent files a response to the Claimants’ observations of April 2, 2024.
April 17, 2024	The Claimants file further observations on the request of March 28, 2024.
May 2, 2024	The Respondent files observations on the Claimants’ request of March 15, 2024.
May 8, 2024	The Claimants file a response to the Respondent’s observations of May 2, 2024.
May 10, 2024	The Tribunal issues Procedural Order No. 5 concerning the exclusion of evidence.
May 29, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 29, 2024	The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence.
May 31, 2024	Each party files a post-hearing brief.
June 6, 2024	The Claimants file observations on the Respondent’s request of May 29, 2024.
June 28, 2024	The Tribunal issues Procedural Order No. 7 concerning the admissibility of new evidence.
July 5, 2024	The Claimants file observations on the Respondent’s additional evidence.
July 12, 2024	The Respondent files a reply on the Claimants’ observations of July 5, 2024.
August 9, 2024	Each party files a submission on costs.
September 11, 2024	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).