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Gabriel Resources v. Romania

Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania, ICSID Case No. ARB/15/31
Nature of the proceedings:
International
Type of case:
Investor-State
Economic sector:
Mining and quarrying
Mining of metal ores
Date of introduction:
21 July 2015
Status of the case:
Pending
Claimant’s country of origin:
Canada
,
United Kingdom
Respondent:
Romania
Institution:
ICSID (International Centre for Settlement of Investment Disputes)
Rules of arbitration:
Applicable treaties:
Canada - Romania BIT (200...
Romania - United Kingdom...

Documents of the case

profile picture Pierre D. Tercier President
profile picture Horacio A. Grigera Naón Appointed by the investor
profile picture Zachary Douglas Appointed by the State

Lawyers, other representatives, expert(s), tribunal’s secretary

Procedural Order No. 18

I. PROCEDURE

1.
On 26 August 2016, the Tribunal issued Procedural Order No. 1 (“PO 1”) on the procedure of the present arbitration.
2.
On 10 January 2017, the Tribunal adopted the Procedural Calendar, issued as Annex A to Procedural Order No. 4 (“PO 4”).

This Procedural Calendar has been amended twice by the Parties. First, by their respective letters of 7 and 13 of February 2018, and more recently, by their 11 April 2018 communications. These amendments have not be confirmed by the Tribunal.

3.
On 7 February 2018, Teresa Cheng (the then President of the Tribunal) resigned.
4.
On 5 April 2018, Prof. Pierre Tercier was appointed as President of the Tribunal.
5.
On 27 April 2018, the Parties communicated their joint proposals on the Procedural Calendar.
6.
On 8 May 2018, the Tribunal asked the Parties to reserve the weeks of 2 and 9 December 2019 for the hearing. Both Parties confirmed their availabilities and the Tribunal acknowledged such confirmation on 18 May 2018.
7.
On 29 May 2018, the Tribunal and the Parties held a conference call, during which they discussed several items, including the confirmation of the amendments to the Procedural Calendar as proposed on 27 April 2018 by the Parties.
8.
On 5 June 2018, the Tribunal issued Procedural Order No. 9 (“PO 9”) adopting the amended Procedural Calendar of the present arbitration.
9.
On 18 and 19 October 2018, the Parties communicated an agreed amendment to the Procedural Calendar to the Tribunal.

II. ORDER

10.
Having reviewed and considered the Parties' proposed amendments in the referred communications, the Tribunal hereby orders as follows:

1. The Tribunal adopts the amended Procedural Calendar as enclosed to the present Procedural Order No. 18 as Annex A.

2. The Tribunal takes note and approves the Parties' joint proposal that these amendments to the Procedural Calendar be made public by the ICSID Secretariat.

3. The Tribunal further takes note and agrees to the Parties' joint request that should any applications by non-disputing parties be filed with the ICSID Secretariat prior to 9 November 2018, those applications not be forwarded to the Parties prior to 9 November 2018.

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