Case Details

Klesch Group Holdings Limited & others v. European Union (ICSID Case No. ARB(AF)/23/1)

Subject of Dispute:

Oil and Gas Enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Klesch Group Holdings Limited (British), Klesch Refining Denmark A/S (Danish), Kalundborg Refinery A/S (Danish), Raffinerie Heide GmbH (German)
Date Registered:

October 24, 2023
Date of Constitution of Tribunal:

March 29, 2024

Composition of Tribunal

President:

Cavinder BULL (Singaporean) - Appointed by the Secretary-General
Arbitrators:

O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Jorge E. VIÑUALES (Argentine, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Plesner, Copenhagen, Denmark
Mayer Brown, London, U.K. and Paris, France
Respondent(s):

European Commission Legal Service, Brussels, Belgium
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

June 14, 2024 -
The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Available on the ICSID Website

Procedural Order No. 1 (June 14, 2024) English (Original)

Procedural Order No. 2 (June 14, 2024) English (Original)

(a) Original Proceeding

Date	Development
October 24, 2023	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 17, 2024	Following appointment by the Claimants, O. Thomas Johnson (U.S.) accepts his appointment as arbitrator.
January 19, 2024	Following appointment by the Respondent, Jorge E. Viñuales (Argentine/Swiss) accepts his appointment as arbitrator.
March 28, 2024	Following appointment by the Secretary General in accordance with Rule 26 of the ICSID Additional Facility Arbitration Rules, Cavinder Bull (Singaporean) accepts his appointment as presiding arbitrator.
March 29, 2024	The Tribunal is constituted in accordance with Rule 24 of the ICSID Additional Facility Arbitration Rules. Its members are: Cavinder Bull (Singaporean), President, appointed by the by the Secretary General in accordance with Rule 26 of the ICSID Additional Facility Arbitration Rules; O. Thomas Johnson (U.S.), appointed by the Claimants; and Jorge E. Viñuales (Argentine/Swiss), appointed by the Respondent.
May 28, 2024	The Tribunal holds a first session by video conference.
June 14, 2024	The Tribunal issues Procedural Order No. 1 concerning the rules applicable to the proceeding.
June 14, 2024	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.