Arbitral Digest

Matter

EDF (Services) Limited v. Romania (ICSID Case No. ARB/05/13)

Arbitration between EDF (Services) Limited and Romania concerned tribunal found that Romania had not breached its obligations to EDF under the; linked records describe the connected proceedings.

  • Investor-state arbitration
Case no.
ARB/05/13
Applicable rules
ICSID Arbitration Rules · ICSID Institution Rules

Procedural record

  1. 2 October 2009Arbitration

    2 October 2009Arbitration

    Dissenting Opinion attached to the Award dated 8 October 2009

    International Centre for Settlement of Investment Disputes

    Participants

    International Centre for Settlement of Investment Disputes

    6 days later · 6 days

  2. 8 October 2009Arbitration

    8 October 2009Arbitration

    Award dated 8 October 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The tribunal found that Romania had not breached its obligations to EDF under the bilateral investment treaty and dismissed EDF's claims with prejudice. The parties were ordered to share equally the fees and expenses of the tribunal and ICSID's administrative charges; EDF was ordered to pay Romania USD 6,000,000 toward Romania's legal fees and other costs. All other claims and requests were dismissed.

    Participants

    EDF (Services) Limited
    Romania
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Piero Bernardini
    Arbitrator
    Arthur W. Rovine
    Arbitrator
    Yves Derains

    Authorities cited

    9
    • Bilateral Investment Treaty between the Government of Great Britain and Northern Ireland and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Treaty signed July 13, 1995; entered into force January 10, 1996)
      statute
    • International Law Commission Draft Articles on State Responsibility
      academic
    • Foremost Tehran v. Iran (Award dated April 10, 1986)
      case-law
    • Waste Management Inc. v. United Mexican States (ICSID Case No. ARB/AF/003, NAFTA)
      case-law
    • Parkerings-Compagniet AS v. Lithuania (ICSID Case No. ARB/05/08, Award dated September 11, 2007)
      case-law
    • Continental Casualty Company v. Argentina Republic (ICSID Case No. ARB/03/91, Award dated September 5, 2008)
      case-law
    • Saluka v. Czech Republic (Ad hoc UNCITRAL, Partial Award dated March 17, 1996)
      case-law
    • Azurix Corp. v. The Argentina Republic (Award dated July 14, 2006)
      case-law
    • Chorzow Factory case
      case-law

Matter record

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EDF (Services) Limited v. Romania (ICSID Case No. ARB/05/13) · Matter