Matter
Marco Gavazzi and Stefano Gavazzi v. Romania (ICSID Case No. ARB/12/25)
- 22 April 2009Romania
22 April 2009Romania
Commercial Decision No. 65 dated April 22, 2009
Bucharest Court of Appeals, Commercial Section A VI-A
- Decision summary
- The Court annulled the 2007 Romanian arbitral award on grounds including breach of equal treatment, the right of defense, and the adversarial principle.
Supporting details
3 participantsMarco Gavazzi
Stefano Gavazzi
Romania
Bucharest Court of Appeals, Commercial Section A VI-A
1 year, 10 months and 22 days later · 693 days
- 16 March 2011Romania
16 March 2011Romania
Commercial Decision No. 40 dated March 16, 2011
Bucharest Court of Appeals, Commercial Section A VI-A
- Decision summary
- The Court terminated the Share Purchase Contract, determined that the Authority for State Assets Administration should retain monies paid by Marco and Stefano Gavazzi under the contract, and rejected the remainder of the Authority's claims and the Gavazzi brothers' entire counterclaim.
Supporting details
3 participantsMarco Gavazzi
Stefano Gavazzi
Authority for State Assets Administration
Bucharest Court of Appeals, Commercial Section A VI-A
11 months and 7 days later · 344 days
- 23 February 2012Romania
23 February 2012Romania
Decision No. 899 dated February 23, 2012
Romania High Court of Cassation and Justice, Civil Section A-II-A
- Decision summary
- The High Court affirmed the two Bucharest Court of Appeals decisions challenged by Marco and Stefano Gavazzi.
Supporting details
3 participantsMarco Gavazzi
Stefano Gavazzi
Authority for State Assets Administration
Romania High Court of Cassation and Justice, Civil Section A-II-A
1 year and 16 days later · 382 days
- 11 March 2013France
11 March 2013France
Procedural Order No. 1 dated March 11, 2013
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal established the applicable procedural rules, the place and language of the proceeding, party representation, cost advances, communications, and the procedural timetable.
Supporting details
International Centre for Settlement of Investment Disputes
6 months and 2 days later · 186 days
- 13 September 2013France
13 September 2013France
Procedural Order No. 2 dated September 13, 2013
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal joined the parties' preliminary objections to the issues of liability, bifurcated quantum to a later phase, and adopted a revised timetable.
Supporting details
International Centre for Settlement of Investment Disputes
5 months and 26 days later · 179 days
- 11 March 2014France
11 March 2014France
Procedural Order No. 3 dated March 11, 2014
International Centre for Settlement of Investment Disputes
Supporting details
International Centre for Settlement of Investment Disputes
2 months and 23 days later · 84 days
- 3 June 2014France
3 June 2014France
Procedural Order No. 4 dated June 3, 2014
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal admitted the witness statement of Viorica Tataru and the expert opinion of Bazil Oglinda, excluded the new documentation attached to the witness statement except Annex 3, and allowed consequential applications by the Claimants.
Supporting details
International Centre for Settlement of Investment Disputes
2 days later · 2 days
- 5 June 2014France
5 June 2014France
Procedural Order No. 5 dated June 5, 2014
International Centre for Settlement of Investment Disputes
Supporting details
International Centre for Settlement of Investment Disputes
10 months and 16 days later · 320 days
- 21 April 2015France
21 April 2015France
Decision on Jurisdiction, Admissibility and Liability dated April 21, 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal held that it had jurisdiction over the Claimants' claims, found the claims admissible by majority, and held by majority that it had no jurisdiction over Romania's counterclaim. By majority, it found breaches of the fair and equitable treatment and expropriation provisions of the Italy-Romania investment treaty, while dismissing the effective-means and denial-of-justice claims and deferring compensation, interest, and costs.
Supporting details
2 authoritiesInternational Centre for Settlement of Investment Disputes
- 21 April 2015France
21 April 2015France
Dissenting Opinion on Jurisdiction, Admissibility and Liability dated April 21, 2015
International Centre for Settlement of Investment Disputes
Supporting details
International Centre for Settlement of Investment Disputes
18 days later · 18 days
- 9 May 2015France
9 May 2015France
Procedural Order No. 6 dated May 9, 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal directed the Claimants to supplement and qualify their quantum case and proposed a timetable for the quantum phase.
Supporting details
International Centre for Settlement of Investment Disputes
4 months and 15 days later · 138 days
- 24 September 2015France
24 September 2015France
Procedural Order No. 7 dated September 24, 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal amended the procedural timetable for the quantum phase.
Supporting details
International Centre for Settlement of Investment Disputes
1 month and 12 days later · 42 days
- 5 November 2015France
5 November 2015France
Procedural Order No. 8 dated November 5, 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal granted extensions for the Claimants' Reply on Quantum and Romania's Rejoinder on Quantum and amended the timetable.
Supporting details
International Centre for Settlement of Investment Disputes
26 days later · 26 days
- 1 December 2015France
1 December 2015France
Procedural Order No. 9 dated December 1, 2015
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal granted Romania a three-day extension for its Rejoinder on Quantum and postponed the pre-hearing organizational meeting.
Supporting details
International Centre for Settlement of Investment Disputes
1 month and 16 days later · 47 days
- 17 January 2016France
17 January 2016France
Procedural Order No. 10 dated January 17, 2016
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal admitted Viorica Tataru's testimony to the extent relevant to the quantum phase and set the quantum hearing arrangements and timetable.
Supporting details
International Centre for Settlement of Investment Disputes
2 months and 26 days later · 86 days
- 12 April 2016France
12 April 2016France
Procedural Order No. 11 dated April 12, 2016
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal kept Exhibits R-158 and R-177 in the record while reserving their disputed authenticity for assessment of probative value, required a corrected translation of Exhibit R-178, and accepted most proposed transcript revisions.
Supporting details
International Centre for Settlement of Investment Disputes
10 days later · 10 days
- 22 April 2016France
22 April 2016France
Procedural Order No. 12 dated April 22, 2016
International Centre for Settlement of Investment Disputes
Supporting details
International Centre for Settlement of Investment Disputes
11 months and 27 days later · 361 days
- 18 April 2017France
18 April 2017France
Award dated April 18, 2017
International Centre for Settlement of Investment Disputes
- Decision summary
- By majority, the Tribunal ordered Romania to pay the Claimants compensation for breach of Article 4 of the Italy-Romania investment treaty, specified arbitration costs and expenses, and compound interest, and dismissed all other claims.
Supporting details
2 authoritiesInternational Centre for Settlement of Investment Disputes
- 18 April 2017France
18 April 2017France
Dissenting Opinion with Regard to Quantum dated April 18, 2017
International Centre for Settlement of Investment Disputes
Supporting details
International Centre for Settlement of Investment Disputes
2 months and 25 days later · 86 days
- 13 July 2017France
13 July 2017France
Decision on Rectification dated July 13, 2017
International Centre for Settlement of Investment Disputes
- Decision summary
- By majority, the Tribunal rectified the Award to correct the omission of the share purchase price in specified compensation calculations, rejected the remaining three rectification requests, and ordered each Party to bear its own legal and other costs.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
- 13 July 2017France
13 July 2017France
Dissenting Opinion on Rectification dated July 13, 2017
International Centre for Settlement of Investment Disputes
Supporting details
International Centre for Settlement of Investment Disputes