Arbitral Digest

Matter

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

Case no.
ARB/10/13
Applicable rules
ICSID Arbitration Rules
  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.

    Supporting details

    11 authorities · 8 participants
    Hassan Awdi
    Enterprise Business Consultants, Inc.
    Alfa El Corporation
    Romania
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Rudolf Dolzer
    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

Matter record

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