Arbitral Digest

Matter

Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd. v. Romania (ICSID Case No. ARB/15/31)

Case no.
ARB/15/31
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 19 August 2016Arbitration

    19 August 2016Arbitration

    Decision on Claimants' Request for Emergency Temporary Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the request for emergency temporary provisional measures and stated that a reasoned decision would follow.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 days later · 7 days

  2. 26 August 2016Arbitration

    26 August 2016Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural rules and timetable governing the arbitration.

    Supporting details

    5 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations, Regulation 25
      rules
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    1 month and 24 days later · 55 days

  3. 20 October 2016Arbitration

    20 October 2016Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions on the first request for provisional measures and related access and confidentiality issues.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    1 day later · 1 days

  4. 21 October 2016Arbitration

    21 October 2016Arbitration

    Reasoned Decision on Claimants' Request for Emergency Temporary Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the request for emergency temporary provisional measures.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    24 days later · 24 days

  5. 14 November 2016Arbitration

    14 November 2016Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    8 days later · 8 days

  6. 22 November 2016Arbitration

    22 November 2016Arbitration

    Decision on Claimants' Second Request for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the requested provisional measures and reserved costs of the application.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    1 month and 19 days later · 49 days

  7. 10 January 2017Arbitration

    10 January 2017Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 6 days later · 157 days

  8. 16 June 2017Arbitration

    16 June 2017Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on public and non-disputing-party access to witness statements and expert reports.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    2 months and 13 days later · 74 days

  9. 29 August 2017Arbitration

    29 August 2017Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 18 days later · 140 days

  10. 16 January 2018Arbitration

    16 January 2018Arbitration

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  11. 30 January 2018Arbitration

    30 January 2018Arbitration

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 6 days later · 126 days

  12. 5 June 2018Arbitration

    5 June 2018Arbitration

    Procedural Order No. 9

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 days later · 3 days

  13. 8 June 2018Arbitration

    8 June 2018Arbitration

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    6 days later · 6 days

  14. 14 June 2018Arbitration

    14 June 2018Arbitration

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    18 days later · 18 days

  15. 2 July 2018Arbitration

    2 July 2018Arbitration

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    18 days later · 18 days

  16. 20 July 2018Arbitration

    20 July 2018Arbitration

    Procedural Order No. 13

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    26 days later · 26 days

  17. 15 August 2018Arbitration

    15 August 2018Arbitration

    Procedural Order No. 14

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    1 month and 9 days later · 40 days

  18. 24 September 2018Arbitration

    24 September 2018Arbitration

    Procedural Order No. 16

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    17 days later · 17 days

  19. 11 October 2018Arbitration

    11 October 2018Arbitration

    Procedural Order No. 17

    International Centre for Settlement of Investment Disputes

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    7 days later · 7 days

  20. 18 October 2018Arbitration

    18 October 2018Arbitration

    Procedural Order No. 15

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 days later · 5 days

  21. 23 October 2018Arbitration

    23 October 2018Arbitration

    Procedural Order No. 18

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 14 days later · 45 days

  22. 7 December 2018Arbitration

    7 December 2018Arbitration

    Procedural Order No. 19

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the non-disputing party application in part and admitted the submission subject to stated conditions.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    10 days later · 10 days

  23. 17 December 2018Arbitration

    17 December 2018Arbitration

    Procedural Order No. 20

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    17 days later · 17 days

  24. 3 January 2019Arbitration

    3 January 2019Arbitration

    Procedural Order No. 21

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months later · 120 days

  25. 3 May 2019Arbitration

    3 May 2019Arbitration

    Procedural Order No. 22

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 3 days later · 126 days

  26. 6 September 2019Arbitration

    6 September 2019Arbitration

    Procedural Order No. 23

    International Centre for Settlement of Investment Disputes

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    1 month and 16 days later · 46 days

  27. 22 October 2019Arbitration

    22 October 2019Arbitration

    Procedural Order No. 24

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 days later · 7 days

  28. 29 October 2019Arbitration

    29 October 2019Arbitration

    Procedural Order No. 25

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  29. 12 November 2019Arbitration

    12 November 2019Arbitration

    Procedural Order No. 26

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 27 days later · 119 days

  30. 10 March 2020Arbitration

    10 March 2020Arbitration

    Procedural Order No. 27

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 days later · 8 days

  31. 18 March 2020Arbitration

    18 March 2020Arbitration

    Procedural Order No. 28

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    21 days later · 21 days

  32. 8 April 2020Arbitration

    8 April 2020Arbitration

    Procedural Order No. 29

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    20 days later · 20 days

  33. 28 April 2020Arbitration

    28 April 2020Arbitration

    Procedural Order No. 30

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty

    6 days later · 6 days

  34. 4 May 2020Arbitration

    4 May 2020Arbitration

    Procedural Order No. 31

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    22 days later · 22 days

  35. 26 May 2020Arbitration

    26 May 2020Arbitration

    Procedural Order No. 32

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty

    3 months and 23 days later · 115 days

  36. 18 September 2020Arbitration

    18 September 2020Arbitration

    Procedural Order No. 33

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    1 month and 4 days later · 34 days

  37. 22 October 2020Arbitration

    22 October 2020Arbitration

    Procedural Order No. 34

    International Centre for Settlement of Investment Disputes

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    11 months and 8 days later · 343 days

  38. 30 September 2021Arbitration

    30 September 2021Arbitration

    Procedural Order No. 35

    International Centre for Settlement of Investment Disputes

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    1 year, 8 months and 28 days later · 635 days

  39. 27 June 2023Arbitration

    27 June 2023Arbitration

    Procedural Order No. 36

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the application for admission of the non-disputing party submission.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    8 months and 10 days later · 255 days

  40. 8 March 2024Arbitration

    8 March 2024Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    By majority, the Tribunal rejected the Claimants' claims on the merits. It ordered the Claimants to reimburse Romania USD 1,437,574.01 in arbitration costs and EUR 1,154,774.34, RON 30,284,053.32, and USD 928,641.70 in legal costs, with simple interest at a risk-free rate as stated in the Award.

    Supporting details

    5 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty
    • Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 13 July 1995; entered into force 10 January 1996; extended to the Bailiwick of Jersey by Exchange of Notes dated 25 February and 22 March 1999)
      treaty

    10 months and 13 days later · 319 days

  41. 21 January 2025Arbitration

    21 January 2025Arbitration

    Decision on Continuation of Stay of Enforcement of the Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee continued the stay subject to the Applicants providing security, directed the Parties to confer on the form and timing of security, and provided that the stay would be lifted if the Applicants did not comply.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    21 days later · 21 days

  42. 11 February 2025Arbitration

    11 February 2025Arbitration

    Procedural Order No. 1 in the Annulment Proceeding

    International Centre for Settlement of Investment Disputes

    Supporting details

    4 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations, Regulation 25
      rules
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

    24 days later · 24 days

  43. 7 March 2025Arbitration

    7 March 2025Arbitration

    Second Decision on Stay of Enforcement of the Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee rejected the forms of security offered by the Applicants, ordered them to provide a guarantee from a solvent bank or third party for the Cost Award plus accrued interest, and ordered that the stay be automatically lifted if the guarantee was not provided or was unacceptable.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 18 days later · 171 days

  44. 25 August 2025Arbitration

    25 August 2025Arbitration

    Procedural Order No. 2 in the Annulment Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee denied the European Commission's application for leave to intervene as a non-disputing party.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    1 month and 6 days later · 37 days

  45. 1 October 2025Arbitration

    1 October 2025Arbitration

    Procedural Order No. 3 in the Annulment Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee confirmed its decision denying the European Commission's request for leave to participate as a non-disputing party.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    2 months and 4 days later · 65 days

  46. 5 December 2025Arbitration

    5 December 2025Arbitration

    Procedural Order No. 4 in the Annulment Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee set the organization and schedule for the forthcoming hearing on annulment.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments (Signed 8 May 2009; entered into force 23 November 2011; corrected by Exchange of Notes dated 12 and 19 April 2011)
      treaty

Matter record

Report a correction

Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd. v. Romania (ICSID Case No. ARB/15/31) · Matter