Hassan Awdi, Enterprise Business Consultants, Inc. and Alfa El Corporation v. Romania (ICSID Case No. ARB/10/13)

Procedural record

1. 26 July 2013Arbitration

   26 July 2013Arbitration

   Decision on the admissibility of the Respondent's third objection to jurisdiction and admissibility of Claimants' claims dated 26 July 2013

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal dismissed the Claimants' motion to declare inadmissible Romania's third objection to jurisdiction and admissibility, including the objection concerning evidence from criminal proceedings. It held that the evidence could be tested by the Claimants and that its probative value would be assessed by the Tribunal, with the presumption of innocence informing that assessment. The issue was reserved for consideration after the merits phase, without a decision at that stage on the evidence's value or the costs of the phase.

   Participants

   Hassan Awdi

   Enterprise Business Consultants, Inc.

   Alfa El Corporation

   Romania

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Piero Bernardini

   Arbitrator

   Rudolf Dolzer

   Arbitrator

   Hamid G. Gharavi

   Tribunal secretary

   Aissatou Diop

   Authorities cited

   11

   • Plama v. Bulgaria (2008 case)
     case law
   • Inceysa Vallisoletana v. El Salvador (2006 award)
     case law
   • Rompetrol v. Romania (Award, 6 May 2013)
     case law
   • Spyridon Roussalis v. Romania (Award, 7 December 2011)
     case law
   • Cementownia Nowa Huta S.A. v. Republic of Turkey (Award, 7 September 2009)
     case law
   • Quiborax v. Bolivia (Decision on Provisional Measures, 26 February 2010)
     case law
   • Tokios Tokeles v. Ukraine (Procedural Order No. 3, 18 January 2005)
     case law
   • Libananco v. Turkey (Decision on Preliminary Issues, 23 June 2008)
     case law
   • Vivendi v. Argentina (Decision on Annulment, 3 July 2002)
     case law
   • Sikic v. Croatia (Reply)
     case law
   • Bohmer v. Germany (European Court of Human Rights case)
     case law