Case Details

Clara Petroleum Ltd v. Romania (ICSID Case No. ARB/22/10)

Subject of Dispute:

Exploration and production of hydrocarbons
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Clara Petroleum Ltd (British)
Respondent(s):

Romania (Romanian)
Date Registered:

April 1, 2022
Date of Constitution of Tribunal:

August 23, 2022

Composition of Tribunal

President:

Albert Jan VAN DEN BERG (Dutch) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Stephan SCHILL (German) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hogan Lovells International, London, U.K.
Respondent(s):

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

English
Status of Proceeding:

Pending
Latest Development:

July 10, 2024 -
Each party files a submission on costs.

No References Available.

(a) Original Proceeding

Date	Development
April 1, 2022	The Secretary-General registers a request for the institution of arbitration proceedings.
June 3, 2022	Following appointment by the Claimant, Stephan Schill (German) accepts his appointment as arbitrator.
July 1, 2022	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
July 4, 2022	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
August 23, 2022	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Albert Jan van den Berg (Dutch) accepts his appointment as presiding arbitrator.
August 23, 2022	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Albert Jan van den Berg (Dutch), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Stephan W. Schill (German), appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
October 11, 2022	The Tribunal holds a first session by video conference.
October 25, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 9, 2022	The Claimant files a memorial on the merits.
December 30, 2022	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
January 20, 2023	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
February 10, 2023	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, the objections to jurisdiction are joined to the merits of the dispute.
June 12, 2023	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
June 19, 2023	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
July 7, 2023	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 17, 2023	Each party files observations on the non-disputing party’s application.
August 1, 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).
August 21, 2023	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
September 11, 2023	The Tribunal decides on the parties’ document production requests.
September 15, 2023	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
November 6, 2023	The Tribunal issues Procedural Order No. 5 concerning matters related to the parties’ production of documents.
December 8, 2023	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
February 22, 2024	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
February 22, 2024	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
March 21, 2024	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
March 25, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
March 25, 2024	The Respondent files observations on the Claimant’s request of March 21, 2024.
March 30, 2024	The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence.
April 10, 2024	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
April 22, 2024 - April 26, 2024	The Tribunal holds a hearing on jurisdiction and the merits in London.
June 26, 2024	Each Party files a post-hearing brief.
July 10, 2024	Each party files a submission on costs.