Case Details

Aderlyne Limited v. Romania (ICSID Case No. ARB/22/13)

Subject of Dispute:

Renewable energy project
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):

Aderlyne Limited (Cypriot)
Respondent(s):

Romania (Romanian)
Date Registered:

May 3, 2022
Date of Constitution of Tribunal:

April 13, 2023

Composition of Tribunal

President:

Pierre BIENVENU (Canadian) - Appointed by Co-Arbitrators
Arbitrators:

Matthew GEARING (British) - Appointed by the Claimant(s)
Pierre-Yves GUNTER (Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Washington, D.C., Houston,TX, U.S.A. and Paris, France
Respondent(s):

Derains & Gharavi, Paris, France
Trofin & Associates, Bucharest, Romania
Status of Proceeding:

Pending
Latest Development:

May 12, 2025 - May 16, 2025 - The Tribunal holds a hearing on jurisdiction and the merits in Paris.

No References Available.

(a) Original Proceeding

Date	Development
May 3, 2022	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
August 22, 2022	Following appointment by the Claimant, Matthew Gearing (British) accepts his appointment as arbitrator.
November 1, 2022	Following appointment by the Respondent, Pierre-Yves Gunter (Swiss) accepts his appointment as arbitrator.
April 13, 2023	Following appointment by his co-arbitrators pursuant to the parties’ agreement, Pierre Bienvenu (Canadian) accepts his appointment as presiding arbitrator.
April 13, 2023	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Pierre Bienvenu (Canadian), President, appointed by his co-arbitrators pursuant to the parties’ agreement; Matthew Gearing (British), appointed by the Claimant; and Pierre-Yves Gunter (Swiss), appointed by the Respondent.
June 7, 2023	The Tribunal holds a first session by video conference.
June 8, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 11, 2023	The Claimant files a memorial on the merits.
November 8, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
December 6, 2023	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
January 5, 2024	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.
April 11, 2024	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
April 16, 2024	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 28, 2024	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
July 9, 2024	The Tribunal issues Procedural Order No. 4 concerning production of documents.
September 13, 2024	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
January 30, 2025	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
February 10, 2025	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 14, 2025	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
February 19, 2025	Each party files observations on the non-disputing party’s application.
March 5, 2025	The Tribunal issues Procedural Order No. 6 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 28, 2025	The Claimant files a rejoinder on jurisdiction.
April 10, 2025	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
April 18, 2025	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
April 25, 2025	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
April 25, 2025	The Claimant files observations on the Respondent’s request of April 25, 2025.
May 1, 2025	The Tribunal decides on the Respondent’s request of April 25, 2025.
May 12, 2025 - May 16, 2025	The Tribunal holds a hearing on jurisdiction and the merits in Paris.