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ARTICLE · 27 JULY 2026

LSG Building Solutions v. Romania: Annulment Is Not An Appeal

Aceris Law
Aceris Law
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Aceris Law

Aceris Law

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An ICSID ad hoc committee unanimously dismissed Romania's application to annul an arbitration award in favor of LSG Building Solutions GmbH and nine other investors, rejecting Romania's arguments concerning jurisdiction, EU law, multiparty claims, and treaty interpretation. The committee emphasized that annulment is not an appeal and cannot be used to reconsider a tribunal's legal conclusions, only to address fundamental procedural defects.

RomaniaLitigation, Mediation & Arbitration

On 18 February 2026, an ad hoc committee constituted under the ICSID Convention (the “Committee”) unanimously dismissed Romania’s application for annulment of the Award rendered in an arbitration brought by LSG Building Solutions GmbH and nine other claimants (the “Claimants”). Annulment is a limited form of review for specific fundamental defects. It is not an appeal and does not give the losing party a second opportunity to challenge the Tribunal’s legal conclusions. In its Decision on Annulment (the “Annulment Decision”), the Committee also terminated the stay of enforcement and ordered Romania to bear the full costs of the annulment proceeding and to reimburse the Claimants USD 855,274.69 in legal costs and expenses.1

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