Summary

Source: icsid.worldbank.org

I. BACKGROUND

1. On 25 August 2025, the Committee issued Procedural Order No. 2 denying the application filed on 15 July 2025 by the European Commission (the "Commission") requesting leave to intervene in the present proceedings.

2. On 15 September 2025, the Commission requested the Committee to reconsider its decision and admit the Commission as a non-disputing party.

3. On the same date, the Committee invited the Parties to submit their observations on the Commission's request by 22 September 2025.

4. On 22 September 2025, the Parties submitted their respective observations on the Commission's request.

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IV. THE COMMITTEE'S ANALYSIS

16. Having reviewed the Commission's request for reconsideration and the Parties' observations, the Committee concludes that there is no basis to reconsider its prior decision denying the Commission's request for leave to participate as a non-disputing party in these annulment proceedings.

17. In Procedural Order No. 2, the Committee determined that the Commission's proposed intervention, which is aimed at challenging the Tribunal's jurisdictional findings, did not satisfy the requirements of ICSID Arbitration Rule 37(2) because the legal basis for the Tribunal's jurisdiction under the UK-BIT is not a subject of these annulment proceedings.7

18. The Commission's request for reconsideration does not present any new arguments, facts or circumstances that were not already before the Committee and carefully considered when issuing Procedural Order No. 2. The Commission's error in identifying the applicant on annulment did not bear on the Committee's conclusions.

19. Accordingly, the Committee confirms its decision in Procedural Order No. 2.

V. ORDER

20. For the reasons stated above, the Committee denies the Commission's request for reconsideration.

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• OGEL Gabriel Resources Ltd and Gabriel Resources Jersey v Romania - ICSID Case No. ARB/15/31 - Procedural Order No 2 on the European Commission's Application to Intervene as Non-Disputing Party - 25 August 2025
• TDM Gabriel Resources Ltd and Gabriel Resources Jersey v Romania - ICSID Case No. ARB/15/31 - Procedural Order No 2 on the European Commission's Application to Intervene as Non-Disputing Party - 25 August 2025