Case Details

Ioan Micula, Viorel Micula and others v. Romania (ICSID Case No. ARB/14/29)

Subject of Dispute:

Beverage production enterprises
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Sweden - Romania 2002
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

S.C. European Drinks S.A. (Romanian), S.C. Scandic Distilleries S.A. (Romanian), S.C. West Leasing International S.R.L. (Romanian), S.C. Edri Trading S.R.L. (Romanian), S.C. European Food S.A. (Romanian), S.C. Starmill S.R.L. (Romanian), S.C. Multipack S.R.L. (Romanian), S.C. Tonical Trading S.R.L. (Romanian), S.C. Rieni Drinks S.A. (Romanian), S.C. Transilvania General Import-Export S.R.L. (Romanian), loan Micula (Swedish), Viorel Micula (Swedish)
Respondent(s):

Romania (Romanian)
Date Registered:

November 24, 2014
Date of Constitution of Tribunal:

April 24, 2015

Composition of Tribunal

President:

Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Chairman of the Administrative Council
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
John R. CROOK (U.S.) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
John R. CROOK (U.S.) - Appointed by the Respondent(s)
Reconstituted:

January 22, 2018: John BEECHEY (British) appointed following the resignation of Michael C. PRYLES (Australian)

Party Representatives

Claimant(s):

Dentons Europe, Paris, France
Mannheimer Swartling, Stockholm, Sweden
Respondent(s):

Lalive, Geneva, Switzerland
Leaua & Asociatii, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 5, 2020 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 13, 2020 (Claimant(s))
Date of Constitution of ad hoc Committee:

August 31, 2020

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Eduardo ZULETA (Colombian)
Members:

Andrés JANA LINETZKY (Chilean)
Hi-Taek SHIN (Korean)

Party Representatives

Claimant(s):

Three Crowns, Paris, France
Mannheimer Swartling, Stockholm, Sweden
Respondent(s):

Lalive, Geneva, Switzerland
Leaua & Asociatii, Bucharest, Romania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 4, 2022 - The ad hoc Committee issues its decision on annulment.

No References Available.

(a) Original Proceeding

Date	Development
November 24, 2014	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 23, 2014	Following appointment by the Claimants, Michael Pryles (Australian) accepts his appointment as arbitrator.
February 9, 2015	Following appointment by the Respondent, John R. Crook (U.S.) accepts his appointment as arbitrator.
April 23, 2015	Following appointment by the Chairman of the Administrative Council, Donald M. McRae (Canadian/New Zealand), accepts his appointment as presiding arbitrator.
April 24, 2015	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Donald M. McRae (Canadian/New Zealand), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Michael C. Pryles (Australian), appointed by the Claimants; and John R. Crook (U.S.), appointed by the Respondent.
June 8, 2015	The Tribunal holds a first session by telephone conference.
July 21, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 27, 2015	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
December 14, 2015	The Claimants file a memorial on the merits.
December 23, 2015	The Claimants file a request for provisional measures.
January 13, 2016	The Respondent files observations on the Claimants’ request for provisional measures.
January 25, 2016	The Claimants file a response to the Respondent’s observations of January 13, 2016.
February 8, 2016	The Respondent files a rejoinder on the Claimants’ request for provisional measures.
March 1, 2016	The Tribunal issues a decision on provisional measures.
April 15, 2016	The Respondent files a request for the Tribunal to decide on production of documents.
April 20, 2016	The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
April 25, 2016	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request of April 15, 2016.
May 23, 2016	The Respondent files a counter-memorial on the merits.
August 15, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
October 28, 2016	The Tribunal holds a procedural consultation with the parties by telephone conference.
November 17, 2016	The Claimants file a request related to the Tribunal’s decision of March 1, 2016.
November 28, 2016	The Respondent files observations on the Claimants’ request of November 17, 2016.
December 7, 2016	The Claimants file a reply on their request of November 17, 2016.
December 14, 2016	The Respondent files a rejoinder on the Claimants’ request of November 17, 2016.
January 11, 2017	The Tribunal issues Procedural Order No. 5 concerning confidentiality.
February 8, 2017	The Tribunal issues Procedural Order No. 6 concerning questions of privilege.
February 13, 2017	The Claimants file a reply on the merits.
February 15, 2017	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
March 6, 2017	The Tribunal issues a decision on the Claimants’ request of November 17, 2016.
April 5, 2017	The Tribunal issues Procedural Order No. 8 concerning the procedural calendar.
May 11, 2017	The Tribunal issues Procedural Order No. 9 concerning evidentiary matters.
July 7, 2017	The Tribunal issues Procedural Order No. 10 concerning evidentiary matters.
July 27, 2017	The Respondent files a rejoinder on the merits.
September 22, 2017	The Tribunal issues Procedural Order No. 11 concerning the procedural calendar.
November 28, 2017	The Tribunal issues Procedural Order No. 12 concerning the procedural calendar.
December 1, 2017	Following the resignation of arbitrator Michael Pryles, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
December 18, 2017	The Tribunal consents to the resignation of arbitrator Michael Pryles pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
January 22, 2018	Following the resignation of Michael Pryles, John Beechey (British) accepts his appointment as arbitrator, appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1).
January 22, 2018	The Tribunal is reconstituted. Its members are Donald M. McRae (Canadian/New Zealand), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; John Beechey (British), appointed by the Claimants; and John R. Crook (U.S.), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
February 5, 2018	The Claimants file a further request for provisional measures.
February 13, 2018	The Respondent files observations on the Claimants’ further request for provisional measures.
March 2, 2018	The Claimants file a response to the Respondent’s observations of February 13, 2018.
March 15, 2018	The Tribunal issues a further decision on provisional measures.
May 11, 2018	The Respondent files a request for leave to file a new jurisdictional objection.
May 25, 2018	The Claimants file observations on the Respondent’s request for leave to file a new jurisdictional objection.
June 5, 2018	The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request for leave to file a new jurisdictional objection.
August 1, 2018	The Respondent files a further objection to jurisdiction.
September 17, 2018	The Claimants file a reply to the Respondent’s further objection to jurisdiction.
November 13, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
November 15, 2018	The Tribunal issues Procedural Order No. 14 concerning organization of the hearing.
January 21, 2019 - February 1, 2019	The Tribunal holds a hearing on the merits in Paris.
March 6, 2019	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 22, 2019	Each party files observations on the non-disputing party’s application.
March 29, 2019	Each party files further observations on the non-disputing party’s application.
April 12, 2019	The Tribunal issues Procedural Order No. 15 concerning the non-disputing party’s further application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
June 11, 2019	The Tribunal issues Procedural Order No. 16 concerning procedural matters.
August 30, 2019	Each party files a statement of costs.
September 13, 2019	Each party files observations on the other party’s statement of costs.
February 21, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 5, 2020	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
July 13, 2020	The Secretary-General registers an application for partial annulment of the award filed by Ioan Micula, Viorel Micula and others.
August 31, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Andrés Jana Linetzky (Chilean); and Hi-Taek Shin (Korean); all members appointed by the Chairman of the Administrative Council.
October 8, 2020	The ad hoc Committee holds a first session by video conference.
October 13, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
November 6, 2020	Ioan Micula, Viorel Micula and others file a memorial on annulment.
January 19, 2021	Romania files a counter-memorial on annulment.
March 19, 2021	Ioan Micula, Viorel Micula and others file a reply on annulment.
May 19, 2021	Romania files a rejoinder on annulment.
July 6, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
August 30, 2021 - August 31, 2021	The ad hoc Committee holds a hearing on annulment by video conference.
September 21, 2021	Each party files a statement of costs.
December 13, 2021	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
January 4, 2022	The ad hoc Committee issues its decision on annulment.