Case details

Micula and others (Respondents/Cross-Appellants) v Romania (Appellant/Cross-Respondent)

Case ID: UKSC 2018/0177

Case summary

Issue

Does the High Court have the power to stay the enforcement of an award given in accordance with the procedure in the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID)?

Facts

The dispute between the parties began with an arbitration commenced pursuant to a bilateral investment treaty that Romania had entered into with Sweden. On 11 December 2013, an ICSID Tribunal issued an award in favour of the investors against Romania. The European Commission, which also intervened in the arbitration and each stage of the present proceedings, issued a decision on 30 March 2015 that, amongst other things, declared that the payment of the Award would constitute new State aid contrary to Article 107(1) of the Treaty on Functioning of the European Union and prohibited Romania from making any payment under the Award. At the time, the Award had already been registered by the English High Court. Romania thus applied to set aside the order registering the award or, in the alternative, for a stay of its enforcement. The investors cross-applied for security.

The High Court granted Romania a stay of enforcement and dismissed the investors’ cross-application. The investors appealed both the grant of the stay ("Stay Appeal") and the dismissal of their application for security ("Security Appeal"). The Court of Appeal dismissed the Stay Appeal but upheld the Security Appeal and ordered Romania to provide security of GBP 150 million. Romania has already been granted permission to appeal the Security Appeal.

The Investors are now seeking permission to cross-appeal on the Stay Appeal.

Judgment appealed

[2018] EWCA Civ 1801

Parties

Appellant

Romania

Respondents
  1. Viorel Micula
  2. Ioan Micula
  3. S.C. European Food S.A.
  4. S.C. Starmill S.R.L.
  5. S.C. Multipack S.R.L.
Intervener

European Commission

Appeal

Justices

Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales

Hearing start date

18 Jun 2019

Hearing finish date

18 Jun 2019

Watch hearing
18 Jun 2019 Morning session Afternoon session