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 Europe, Investment Arbitration

The European Commission prohibits Romania from compliance with an ICSID Award: implications for the enforcement of intra-EU investment treaty awards?

In a press release issued yesterday, the European Commission announced that it has ordered Romania to recover compensation paid pursuant to an ICSID award, concluding that the grant of such compensation is incompatible with EU State Aid rules. This latest … Continue reading

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Filed under EU Law, 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