Case Details
Ioan Micula, Viorel Micula and others v. Romania (ICSID Case No. ARB/14/29)
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Beverage production enterprises
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Other Industry
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BIT Sweden - Romania 2002
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ICSID Convention - Arbitration Rules
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S.C. European Drinks S.A. (Romanian), S.C. Scandic Distilleries S.A. (Romanian), S.C. West Leasing International S.R.L. (Romanian), S.C. Edri Trading S.R.L. (Romanian), S.C. European Food S.A. (Romanian), S.C. Starmill S.R.L. (Romanian), S.C. Multipack S.R.L. (Romanian), S.C. Tonical Trading S.R.L. (Romanian), S.C. Rieni Drinks S.A. (Romanian), S.C. Transilvania General Import-Export S.R.L. (Romanian), loan Micula (Swedish), Viorel Micula (Swedish)
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Romania (Romanian)
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November 24, 2014
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April 24, 2015
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Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Chairman of the Administrative Council
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John BEECHEY (British) - Appointed by the Claimant(s)
John R. CROOK (U.S.) - Appointed by the Respondent(s) -
Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Chairman of the Administrative Council
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Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
John R. CROOK (U.S.) - Appointed by the Respondent(s) -
January 22, 2018: John BEECHEY (British) appointed following the resignation of Michael C. PRYLES (Australian)
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Dentons Europe, Paris, France
Mannheimer Swartling, Stockholm, Sweden -
Lalive, Geneva, Switzerland
Leaua & Asociatii, Bucharest, Romania -
English
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Concluded
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March 5, 2020 - The Tribunal renders its award.
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Claimant(s)
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July 13, 2020 (Claimant(s))
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August 31, 2020
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Eduardo ZULETA (Colombian)
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Three Crowns, Paris, France
Mannheimer Swartling, Stockholm, Sweden -
Lalive, Geneva, Switzerland
Leaua & Asociatii, Bucharest, Romania -
English
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Concluded
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January 4, 2022 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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November 24, 2014 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
December 23, 2014 | Following appointment by the Claimants, Michael Pryles (Australian) accepts his appointment as arbitrator. |
February 9, 2015 | Following appointment by the Respondent, John R. Crook (U.S.) accepts his appointment as arbitrator. |
April 23, 2015 | Following appointment by the Chairman of the Administrative Council, Donald M. McRae (Canadian/New Zealand), accepts his appointment as presiding arbitrator. |
April 24, 2015 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Donald M. McRae (Canadian/New Zealand), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Michael C. Pryles (Australian), appointed by the Claimants; and John R. Crook (U.S.), appointed by the Respondent. |
June 8, 2015 | The Tribunal holds a first session by telephone conference. |
July 21, 2015 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
November 27, 2015 | The Tribunal issues Procedural Order No. 2 concerning the procedural calendar. |
December 14, 2015 | The Claimants file a memorial on the merits. |
December 23, 2015 | The Claimants file a request for provisional measures. |
January 13, 2016 | The Respondent files observations on the Claimants’ request for provisional measures. |
January 25, 2016 | The Claimants file a response to the Respondent’s observations of January 13, 2016. |
February 8, 2016 | The Respondent files a rejoinder on the Claimants’ request for provisional measures. |
March 1, 2016 | The Tribunal issues a decision on provisional measures. |
April 15, 2016 | The Respondent files a request for the Tribunal to decide on production of documents. |
April 20, 2016 | The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents. |
April 25, 2016 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request of April 15, 2016. |
May 23, 2016 | The Respondent files a counter-memorial on the merits. |
August 15, 2016 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
October 28, 2016 | The Tribunal holds a procedural consultation with the parties by telephone conference. |
November 17, 2016 | The Claimants file a request related to the Tribunal’s decision of March 1, 2016. |
November 28, 2016 | The Respondent files observations on the Claimants’ request of November 17, 2016. |
December 7, 2016 | The Claimants file a reply on their request of November 17, 2016. |
December 14, 2016 | The Respondent files a rejoinder on the Claimants’ request of November 17, 2016. |
January 11, 2017 | The Tribunal issues Procedural Order No. 5 concerning confidentiality. |
February 8, 2017 | The Tribunal issues Procedural Order No. 6 concerning questions of privilege. |
February 13, 2017 | The Claimants file a reply on the merits. |
February 15, 2017 | The Tribunal issues Procedural Order No. 7 concerning procedural matters. |
March 6, 2017 | The Tribunal issues a decision on the Claimants’ request of November 17, 2016. |
April 5, 2017 | The Tribunal issues Procedural Order No. 8 concerning the procedural calendar. |
May 11, 2017 | The Tribunal issues Procedural Order No. 9 concerning evidentiary matters. |
July 7, 2017 | The Tribunal issues Procedural Order No. 10 concerning evidentiary matters. |
July 27, 2017 | The Respondent files a rejoinder on the merits. |
September 22, 2017 | The Tribunal issues Procedural Order No. 11 concerning the procedural calendar. |
November 28, 2017 | The Tribunal issues Procedural Order No. 12 concerning the procedural calendar. |
December 1, 2017 | Following the resignation of arbitrator Michael Pryles, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
December 18, 2017 | The Tribunal consents to the resignation of arbitrator Michael Pryles pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof. |
January 22, 2018 | Following the resignation of Michael Pryles, John Beechey (British) accepts his appointment as arbitrator, appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1). |
January 22, 2018 | The Tribunal is reconstituted. Its members are Donald M. McRae (Canadian/New Zealand), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; John Beechey (British), appointed by the Claimants; and John R. Crook (U.S.), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
February 5, 2018 | The Claimants file a further request for provisional measures. |
February 13, 2018 | The Respondent files observations on the Claimants’ further request for provisional measures. |
March 2, 2018 | The Claimants file a response to the Respondent’s observations of February 13, 2018. |
March 15, 2018 | The Tribunal issues a further decision on provisional measures. |
May 11, 2018 | The Respondent files a request for leave to file a new jurisdictional objection. |
May 25, 2018 | The Claimants file observations on the Respondent’s request for leave to file a new jurisdictional objection. |
June 5, 2018 | The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request for leave to file a new jurisdictional objection. |
August 1, 2018 | The Respondent files a further objection to jurisdiction. |
September 17, 2018 | The Claimants file a reply to the Respondent’s further objection to jurisdiction. |
November 13, 2018 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
November 15, 2018 | The Tribunal issues Procedural Order No. 14 concerning organization of the hearing. |
January 21, 2019 - February 1, 2019 | The Tribunal holds a hearing on the merits in Paris. |
March 6, 2019 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 22, 2019 | Each party files observations on the non-disputing party’s application. |
March 29, 2019 | Each party files further observations on the non-disputing party’s application. |
April 12, 2019 | The Tribunal issues Procedural Order No. 15 concerning the non-disputing party’s further application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
June 11, 2019 | The Tribunal issues Procedural Order No. 16 concerning procedural matters. |
August 30, 2019 | Each party files a statement of costs. |
September 13, 2019 | Each party files observations on the other party’s statement of costs. |
February 21, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
March 5, 2020 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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July 13, 2020 | The Secretary-General registers an application for partial annulment of the award filed by Ioan Micula, Viorel Micula and others. |
August 31, 2020 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Andrés Jana Linetzky (Chilean); and Hi-Taek Shin (Korean); all members appointed by the Chairman of the Administrative Council. |
October 8, 2020 | The ad hoc Committee holds a first session by video conference. |
October 13, 2020 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
November 6, 2020 | Ioan Micula, Viorel Micula and others file a memorial on annulment. |
January 19, 2021 | Romania files a counter-memorial on annulment. |
March 19, 2021 | Ioan Micula, Viorel Micula and others file a reply on annulment. |
May 19, 2021 | Romania files a rejoinder on annulment. |
July 6, 2021 | The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing. |
August 30, 2021 - August 31, 2021 | The ad hoc Committee holds a hearing on annulment by video conference. |
September 21, 2021 | Each party files a statement of costs. |
December 13, 2021 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
January 4, 2022 | The ad hoc Committee issues its decision on annulment. |