Tag Archives: Romania

Third party intervention in investment arbitration: Tribunal admits NGO submissions in Gabriel Resources’ claim against Romania concerning mining project

The Tribunal in Gabriel Resources v Romania recently issued an order (the Order) in response to an application (the Application) made by three Romanian NGOs, as non-disputing parties, for participation and an amicus submission (the Submission) in an ICSID arbitration … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Europe, Investment Arbitration, ISDS, Procedures in arbitration

English Court of Appeal refuses Micula Appeal against stay of ICSID Award but orders Romania to provide £150m Security

In Micula & Ors v Romania [2018] EWCA Civ 1801 the English Court of Appeal (the “Court”) dismissed an appeal against the High Court’s stay of enforcement of a 2013 ICSID award in favour of Swedish investors Ioan and Viorel … Continue reading

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Filed under Enforcement, Enforcement - Europe, EU, EU Law, Europe, Investment Arbitration

Breach of fair and equitable treatment standard (ICSID)

In Ioan Micula and others v Romania (ICSID Case No. ARB/05/20), an ICSID tribunal considered whether Romania was in breach of the Sweden-Romania bilateral investment treaty. The majority of an ICSID tribunal (Laurent Lévy and Stanimir Alexandrov) held that Romania breached … Continue reading

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Filed under EU Law, Europe, Investment Arbitration