Arbitral Digest

Matter

The Rompetrol Group N.V. v. Romania (ICSID Case No. ARB/06/3)

Case no.
ARB/06/3
  1. 18 April 2008Arbitration

    18 April 2008Arbitration

    Decision on Respondent's Preliminary Objections on Jurisdiction and Admissibility dated 18 April 2008

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed Romania's jurisdictional objection, joined the admissibility objection to the merits to the extent it remained live, declined to entertain the abuse of process objection at that stage, and reserved allocation of the costs of the preliminary phase.

    Supporting details

    5 authorities · 6 participants
    The Rompetrol Group N.V.
    Romania
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Mr. Jeremy Marc Brier

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and Romania (Netherlands-Romania BIT)
      statute
    • Vienna Convention on the Law of Treaties
      statute
    • Tokios Tokeles v. Ukraine (ICSID Case No. ARB/02/18, Decision on Jurisdiction, 29 April 2004)
      case-law
    • Loewen Group Inc. and Raymond L. Loewen v. United States of America (ICSID Case No. ARB(AF)/98/3, Final Award, 26 June 2003)
      case-law

    1 year, 8 months and 27 days later · 636 days

  2. 14 January 2010Arbitration

    14 January 2010Arbitration

    Decision of the Tribunal on the Participation of a Counsel dated 14 January 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied Romania's application to remove Barton Legum from the case or prevent his participation, finding no basis to interfere with the Claimant's choice of counsel or to conclude that the integrity of the proceedings required it.

    Supporting details

    4 authorities · 7 participants
    The Rompetrol Group N.V.
    Romania
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Mr. Jeremy Marc Brier
    Tribunal secretary
    Ms. Milanka Kostadinova

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Hrvatska Elektroprivreda d.d. v. Republic of Slovenia (ICSID Case No. ARB/05/24, Ruling, 6 May 2008)
      case-law
    • Porter v. Magill ([2002] 2 WLR 37)
      case-law
    • European Convention on Human Rights
      statute

    3 years, 3 months and 22 days later · 1208 days

  3. 6 May 2013Arbitration

    6 May 2013Arbitration

    Award dated 6 May 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found the Claimant's claims admissible. It rejected the Claimant's general claim that Romania breached the Netherlands-Romania investment agreement, but found a limited breach of Articles 3(1) and 3(5) based on the procedural irregularities and related conduct identified in paragraph 279. It found that the Claimant had not proved economic loss or damage, rejected the moral-damage claim, directed that arbitration costs be shared equally, and made no further order as to costs.

    Supporting details

    8 authorities · 6 participants
    The Rompetrol Group N.V.
    Romania
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ms. Aurelia Antonietti

    Authorities cited

    8
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and Romania (Netherlands-Romania BIT)
      statute
    • Energy Charter Treaty of 1994
      statute
    • Vienna Convention on the Law of Treaties
      statute
    • European Convention on Human Rights
      statute
    • Articles on the Responsibility of States for Internationally Wrongful Acts (International Law Commission Articles on State Responsibility)
      statute
    • Chorzow Factory Case (Germany v. Poland) (1928 PCIJ (Series A) No. 17)
      case-law
    • Benvenuti and Bonfant v. People's Republic of Congo (ICSID Case No. ARB/77/2, Award, 8 August 1980)
      case-law

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The Rompetrol Group N.V. v. Romania (ICSID Case No. ARB/06/3) · Matter