Arbitral Digest

Matter

Alverley Investments Limited and Germen Properties Ltd v. Romania (ICSID Case No. ARB/18/30)

Case no.
ARB/18/30
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 10 May 2019Arbitration

    10 May 2019Arbitration

    Procedural Order No. 1 dated 10 May 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded procedural agreements and decided disputed procedural issues, including the applicable Arbitration Rules, procedural language, place of proceedings, and schedule for pending applications.

    Supporting details

    International Centre for Settlement of Investment Disputes
  2. 10 May 2019Arbitration

    10 May 2019Arbitration

    Procedural Order No. 2 dated 10 May 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the European Commission leave to submit a written intervention, subject to specified conditions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 3 days later · 64 days

  3. 13 July 2019Arbitration

    13 July 2019Arbitration

    Procedural Order No. 3 dated 13 July 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning the organization of the upcoming hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    19 days later · 19 days

  4. 1 August 2019Arbitration

    1 August 2019Arbitration

    Decision dated 1 August 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's Rule 41(5) application without prejudice, granted bifurcation, granted the Interests Application in part, denied security for costs, denied the Exhibits Request in specified terms, granted the Claimants' request for provisional measures in part, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    22 days later · 22 days

  5. 23 August 2019Arbitration

    23 August 2019Arbitration

    Procedural Order No. 4 dated 23 August 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the pleading schedule for the jurisdictional phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 8 days later · 39 days

  6. 1 October 2019Arbitration

    1 October 2019Arbitration

    Procedural Order No. 5 dated 1 October 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 30 days later · 91 days

  7. 31 December 2019Arbitration

    31 December 2019Arbitration

    Procedural Order No. 6 dated 31 December 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning document production and the Claimants' redacted exhibits.

    Supporting details

    International Centre for Settlement of Investment Disputes

    17 days later · 17 days

  8. 17 January 2020Arbitration

    17 January 2020Arbitration

    Procedural Order No. 7 dated 17 January 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning the production of documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    25 days later · 25 days

  9. 11 February 2020Arbitration

    11 February 2020Arbitration

    Procedural Order No. 8 dated 11 February 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning redaction, disclosure, and due process.

    Supporting details

    International Centre for Settlement of Investment Disputes

    9 days later · 9 days

  10. 20 February 2020Arbitration

    20 February 2020Arbitration

    Procedural Order No. 9 dated 20 February 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the Claimants to comply with Procedural Order No. 7 concerning disclosure and due process.

    Supporting details

    International Centre for Settlement of Investment Disputes

    9 days later · 9 days

  11. 29 February 2020Arbitration

    29 February 2020Arbitration

    Procedural Order No. 10 dated 29 February 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning disclosure of documents and due process.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 1 day later · 30 days

  12. 30 March 2020Arbitration

    30 March 2020Arbitration

    Procedural Order No. 11 dated 30 March 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning the organization of the hearing on jurisdiction.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 11 months and 14 days later · 716 days

  13. 16 March 2022Arbitration

    16 March 2022Arbitration

    Award dated 16 March 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal lacked jurisdiction over Germen Properties Ltd's claims, held Alverley Investments Limited's claims inadmissible, and dismissed the case. The Claimants were ordered to bear the costs of the Tribunal and the Centre and to pay Romania USD 4,140,779.24 for legal representation costs within 60 days, with 6% per annum interest compounded twice yearly thereafter until full payment.

    Supporting details

    15 authorities · 8 participants
    Alverley Investments Limited
    Germen Properties Ltd
    Romania
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ms Jara Minguez Almeida
    Institutional administrator
    Mr Trevor McGowan

    Authorities cited

    15
    • Agreement between the Government of the Republic of Cyprus and the Government of Romania on the Mutual Promotion and Protection of Investments (Entered into force 10 July 1993)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations (2006) (as amended and effective 10 April 2006)
      statute
    • Vienna Convention on the Law of Treaties
      treaty
    • UNCITRAL Arbitration Rules (1976) (UNCITRAL Arbitration Rules, adopted 28 April 1976)
      rules
    • UNCITRAL Arbitration Rules 2010
      rules
    • Tidewater Inc. and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/5, Decision on Jurisdiction, 8 February 2013)
      case law
    • ConocoPhillips Petrozuata B.V. and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30, Decision on Jurisdiction and the Merits, 3 September 2013)
      case law
    • Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/06/8, Award, 2 September 2022)
      case law
    • Chevron Corporation and Texaco Petroleum Corporation v. Republic of Ecuador (PCA Case No. AA 277, Interim Award, 1 December 2008)
      case law
    • Cervin Investissements S.A. and Rhone Investissements S.A. v. Republic of Costa Rica (ICSID Case No. ARB/13/2, Decision on Jurisdiction, 15 December 2014)
      case law
    • ST-AD GmbH v. Republic of Bulgaria (PCA Case No. 2011-06, Award on Jurisdiction, 18 July 2013)
      case law
    • Mobil Corporation, Venezuela Holdings, B.V. and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27, Decision on Jurisdiction, 10 June 2010)
      case law
    • Lao Holdings N.V. v. Lao People's Democratic Republic (ICSID Case No. ARB(AF)/12/6, Decision on Jurisdiction, 21 February 2014)
      case law

Matter record

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Alverley Investments Limited and Germen Properties Ltd v. Romania (ICSID Case No. ARB/18/30) · Matter