Case Details
KELAG-Kärntner Elektrizitäts-Aktiengesellschaft and others v. Romania (ICSID Case No. ARB/21/54)
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Renewable energy generation enterprise
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Electric Power & Other Energy
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ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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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)
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Romania (Romanian)
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November 1, 2021
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July 5, 2022
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Ali MALEK (British, Iranian) - Appointed by the Secretary-General
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Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Hugo PEREZCANO DIAZ (Mexican) - Appointed by the Respondent(s) -
Schoenherr si Asociatii SCA, Bucharest, Romania
Schönherr Rechtsanwälte GmbH, Vienna, Austria -
Squire Patton Boggs, New York, U.S.A.
MPR Partners, Bucharest, Romania -
English
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Pending
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May 8, 2025 -
The Tribunal decides on the Respondent’s request of April 30, 2025, and the Claimants’ request of May 1, 2025.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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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). |
October 11, 2024 | Each party files observations on the non-disputing party’s application. |
November 27, 2024 | The Tribunal issues Procedural Order No. 8 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
December 11, 2024 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
January 9, 2025 | Each party files observations on the non-disputing party’s written submission. |
April 30, 2025 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
May 1, 2025 | The Claimants file observations on the Respondent’s request of April 30, 2025, and a request for the Tribunal to decide on the admissibility of new evidence. |
May 8, 2025 | The Tribunal decides on the Respondent’s request of April 30, 2025, and the Claimants’ request of May 1, 2025. |