Professor Pierre Tercier (President)

Dr Horacio A. Grigera Naón

Professor Zachary Douglas

c/o Ms Sara Marzal Yetano

Legal Counsel
International Centre
for Settlement of Investment Disputes
The World Bank
1818 H Street,
NW Washington DC, 20433
UNITED STATES

Date: 14 July 2023

Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania (ICSID Case No. ARB/15/31).

1. My name is Elena Bibescu, I am a Romanian citizen. (Passport attached). According to

Arbitration Rule 37 (2), Rules 38 and Section IV.1 and IV.2 of Annex C of the Canada-Romania
BIT, I ask the International Centre for Settlement of Investment Disputes The World Bank to
admit this application.

2. Article I(h)(ii) of the Canadian BIT states that ‘’investor means in the case of Canada, any
enterprise incorporated or duly constituted in accordance with applicable laws of Canada, who
makes the investment in the territory of Romania’’. Gabriel Resources Ltd is a public corporation
registered in Yukon, and therefore, the Yukon Business Act applies.

3. The Yukon Business Act requires the company to comply with its regulations, otherwise it could
be dissolved, I refer to Section 22 ‘’Registered office, records office, address for service by mail’’,
especially section 22 1(3) of Yukon Business Act ‘’ (3) If there is no place to which a person may
change the registered office of a corporation under subsection (2), the person’s place of business
remains the registered office of the corporation until the corporation files a notice of change
under subsection 22(5) or is dissolved.’’. Gabriel Resources Ltd was not carrying on business in
Yukon or Canada, and therefore, the principal place of business is the place where the
officers direct, control, and coordinate the company's activities. However, it appears that
Gabriel Resources Ltd does not have a corporate office either in Yukon, Canada or in another
jurisdiction. Directory | Gabriel Resources

4. Gabriel Resources Ltd’s registered office is located at Suite 200 Financial Plaza, 204 Lambert
Street, Whitehorse, Yukon, Y1A 3T2 and its corporate office was located at Suite 1501-110
Yonge Street, Toronto, Ontario, M5C 1T4 until June 1, 2011. (annual information form 2011
page 5 attached). The corporate offices were moved to London in the United Kingdom, but
instead of incorporating a UK establishment according to UK Company Act 2006 section 34, it
incorporated a subsidiary called RM Gold (Services) Ltd. (UK). The officers of Gabriel Resources
Ltd Yukon were employees and were paid by this subsidiary, RM Gold (Services) Limited, which
has separate legal personality. RM GOLD (SERVICES) LIMITED people - Find and update
company information - GOV.UK (company-information.service.gov.uk)
 5. Based on the information provided above, it appears that there was not place of the business
in Canada, no it has been filed a notice of change, consequently Gabriel Resources Ltd did not
comply with the Yukon Business Act in period 2011 to 2015, which is subject of this claim. In
addition, Canada did not have jurisdiction in any litigation of Gabriel Resources Ltd because it
did not carry on business in Canada. Therefore, I believe that Canadian Romania BIT does not
apply in this case.

6. It is important to mention that there are tax implications which I have already addressed to
Canadian Revenue Agency, UK -HMRC and Romanian Tax Agency. In addition, the new CEO and
president Dragos Tanase appointed in August 2018 is a Romanian resident and he carries
activity in Romania, but it appears that Gabriel Resources Ltd Yukon did not incorporate any
Romanian establishment.

7. I also contacted the Romanian Fraud Authority to investigate why the Romanian Government
refused to respond to the correspondence of Gabriel Resources LTD in period January – July
2015.

Yours faithfully,

Elena Bibescu

Romanian citizen