Case Details

Ömer Dede and Serdar Elhüseyni v. Romania (ICSID Case No. ARB/10/22)

Subject of Dispute:

Agricultural machinery and equipment enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Türkiye - Romania 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Serdar Elhüseyni (Turkish), Ömer Dede (Turkish)
Respondent(s):

Romania (Romanian)
Date Registered:

November 19, 2010
Date of Constitution of Tribunal:

November 1, 2011

Composition of Tribunal

President:

William W. PARK (Swiss, U.S.) - Appointed by the Parties
Arbitrators:

Nicolas HERZOG (Swiss) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Seda Eren Law Office, Istanbul, Turkey
Respondent(s):

Ţuca Zbârcea & Asociaţii, Bucharest, Romania
AVAS Privatization Agency of Government of Romania, Bucharest. Romania
Freshfields Bruckhaus Deringer, Frankfurt, Germany, and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 5, 2013 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (January 4, 2013) English (Original)

Award of the Tribunal (September 5, 2013) English (Original)

(a) Original Proceeding

Date	Development
November 19, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
March 20, 2011	Following appointment by the Claimants, Nicolas Herzog (Swiss) accepts his appointment as arbitrator.
June 15, 2011	Following appointment by the Respondents, Brigitte Stern (French) accepts her appointment as arbitrator.
November 1, 2011	Following appointment by the parties, William W. Park (U.S.) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with 37(2)(b) of the ICSID Convention. Its members are: William W. Park (U.S.), President, appointed by agreement of the parties; Nicolas Herzog (Swiss), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondents.
December 16, 2011	The Tribunal holds a first session by telephone conference.
May 18, 2012	The Tribunal extends the time limit for filing of the memorial and adjusts the procedural calendar.
June 13, 2012	The Tribunal holds a meeting with the parties by telephone conference.
June 16, 2012	TheTribunal issues a revised timetable for written pleadings.
July 9, 2012	The Claimants file a memorial on jurisdiction and the merits.
November 12, 2012	The Respondents file a memorial on preliminary objections, and a request to address the objections to jurisdiction as a preliminary question.
December 12, 2012	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
January 4, 2013	The Tribunal issues a procedural order concerning the Respondents’ request to address the objections to jurisdiction as a preliminary question.
March 15, 2013	Each party files a memorial on certain jurisdictional matters.
April 8, 2013	Each party files a reply on certain jurisdictional matters.
April 10, 2013	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
April 19, 2013	The Tribunal holds a hearing on certain jurisdictional matters in Paris.
July 9, 2013	Each party files a statement of costs.
July 18, 2013	The Claimants file observations on the Respondent’s statement of costs.
September 5, 2013	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). The Tribunal renders its award.