Case Details

Vattenfall AB and others v. Federal Republic of Germany (ICSID Case No. ARB/12/12)

Subject of Dispute:

Nuclear power plant
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Vattenfall AB (Swedish), Vattenfall GmbH (German), Vattenfall Europe Nuclear Energy GmbH (German), Kernkraftwerk Krümmel GmbH & Co. oHG (German), Kernkraftwerk Brunsbüttel GmbH & Co. oHG (German)
Respondent(s):

Federal Republic of Germany (German)
Date Registered:

May 31, 2012
Date of Constitution of Tribunal:

December 14, 2012

Composition of Tribunal

President:

Albert Jan VAN DEN BERG (Dutch) - Appointed by the Parties
Arbitrators:

Vaughan LOWE (British) - Appointed by the Respondent(s)
Charles N. BROWER (U.S.) - Appointed by the Claimant(s)

Initial Composition of Tribunal

President:

Albert Jan VAN DEN BERG (Dutch)
Arbitrators:

Vaughan LOWE (British)
Daniel M. PRICE (U.S.)
Reconstituted:

February 25, 2013: Charles N. BROWER (U.S.) appointed following the resignation of Daniel M. PRICE (U.S.)

Party Representatives

Claimant(s):

Luther Rechtsanwaltsgesellschaft mbH, Hamburg, Germany
Mannheimer Swartling Advokatbyrå AB, Stockholm, Sweden
Respondent(s):

Morgan, Lewis & Bockius, Frankfurt, Germany
Bundesministerium für Wirtschaft und Energie, Berlin, Germany
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 9, 2021 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(a) Original Proceeding

Published Decisions

Recommendation on the Proposal to Disqualify the Tribunal

Decision of the Acting Chairman of the Administrative Council

Public Hearing (Opening and Closing Statements) – October 10-21, 2016 (October 10, 2016)

Recommendation on the Second Proposal to Disqualify the Tribunal

Decision of the Chairman of the Administrative Council

Discontinuance Order

Available on the ICSID Website

Recommendation on the Proposal to Disqualify the Tribunal (March 4, 2019) English (Original)

Decision of the Acting Chairman of the Administrative Council (March 6, 2019) English (Original)

Recommendation on the Second Proposal to Disqualify the Tribunal (July 6, 2020) English (Original)

Decision of the Chairman of the Administrative Council (July 8, 2020) English (Original)

Discontinuance Order (November 9, 2021) English (Original)

(a) Original Proceeding

Date	Development
May 31, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
June 28, 2012	Following appointment by the Claimants, Daniel M. Price (US) accepts his appointment as arbitrator.
July 19, 2012	Following appointment by the Respondent, Vaughan Lowe (British) accepts his appointment as arbitrator.
October 18, 2012	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
December 13, 2012	Following appointment by the parties, Albert Jan van den Berg (Dutch) accepts his appointment as presiding arbitrator.
December 14, 2012	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Albert Jan van den Berg (Dutch), President, appointed by agreement of the parties; Daniel M. Price (U.S.), appointed by the Claimants; and Vaughan Lowe (British), appointed by the Respondent.
January 10, 2013	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
January 11, 2013	Following the resignation of arbitrator Daniel M. Price, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). The Tribunal consents to the resignation pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
February 23, 2013	Following the resignation of arbitrator Daniel M. Price, Charles N. Brower (U.S.) accepts his appointment as arbitrator, appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1).
February 25, 2013	The Tribunal is reconstituted. Its members are: Albert Jan van den Berg (Dutch), President, appointed by agreement of the parties; Charles N. Brower (U.S.) appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1); and Vaughan Lowe (British) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
March 5, 2013	The Tribunal holds a telephone conference with the parties concerning procedural matters.
March 15, 2013	The Claimants file observations on the Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5).
April 19, 2013	The Respondent files further observations on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
May 24, 2013	The Claimants file further observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
June 17, 2013 - June 18, 2013	The Tribunal holds a first session in Washington, D.C., and a hearing on the Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5).
July 2, 2013	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
July 17, 2013	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 27, 2013	The Claimants file a memorial on the merits.
December 20, 2013	The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 11, 2014	The Tribunal issues Procedural Order No. 3 concerning production of documents and the confidentiality of documents.
February 27, 2014	The Tribunal issues Procedural Order No. 4 concerning the confidentiality of documents.
March 18, 2014	The Tribunal issues Procedural Order No. 5 concerning the confidentiality of documents.
May 19, 2014	The Tribunal issues Procedural Order No. 6 concerning the confidentiality of documents.
July 4, 2014	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
August 22, 2014	The Respondent files a counter-memorial on the merits, a memorial on jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
September 7, 2014	The Tribunal issues Procedural Order No. 8 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
December 8, 2014	The Tribunal issues Procedural Order No. 9 concerning production of documents.
February 11, 2015	The Tribunal issues Procedural Order No. 10 concerning production of documents.
February 26, 2015	The Tribunal issues Procedural Order No. 11 concerning production of documents and the confidentiality of documents.
March 24, 2015	The Tribunal issues Procedural Order No. 12 concerning production of documents.
July 24, 2015	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 7, 2015	The Tribunal issues Procedural Order No. 13 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
September 1, 2015	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
September 30, 2015	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
December 7, 2015	The Tribunal issues Procedural Order No. 14 concerning production of documents.
February 18, 2016	The Tribunal issues Procedural Order No. 15 concerning production of documents.
April 13, 2016	The Tribunal issues Procedural Order No. 16 concerning production of documents.
April 27, 2016	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
April 29, 2016	Each party files observations on the non-disputing party’s written submission.
June 14, 2016	The Tribunal issues Procedural Order No. 17 concerning production of documents.
June 27, 2016	The Tribunal issues Procedural Order No. 18 concerning production of documents.
July 18, 2016	The Claimants file a rejoinder on jurisdiction.
August 19, 2016	The Tribunal issues Procedural Order No. 19 concerning production of documents.
September 9, 2016	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
September 17, 2016	The Tribunal issues Procedural Order No. 20 concerning the organization of the hearing.
September 26, 2016	The Tribunal issues Procedural Order No. 21 concerning procedural matters.
September 28, 2016	The Tribunal issues Procedural Order No. 22 concerning procedural matters.
September 30, 2016	The Tribunal issues Procedural Order No. 23 concerning procedural matters.
October 1, 2016	The Tribunal issues Procedural Order No. 24 concerning procedural matters.
October 6, 2016	The Tribunal issues Procedural Order No. 25 concerning procedural matters.
October 8, 2016	The Tribunal issues Procedural Order No. 26 concerning procedural matters.
October 10, 2016 - October 21, 2016	The Tribunal holds a hearing on jurisdiction, merits and quantum in Washington, D.C.
December 5, 2016	The Tribunal issues Procedural Order No. 27 concerning procedural matters.
January 9, 2017	The Tribunal issues Procedural Order No. 28 concerning procedural matters.
March 2, 2017	The Tribunal issues Procedural Order No. 29 concerning production of documents and the procedural calendar.
April 18, 2017	The Tribunal issues Procedural Order No. 30 concerning procedural matters.
May 2, 2017	Each party files a post-hearing brief.
May 11, 2017	The Tribunal poses questions to the parties.
June 15, 2017	Each party files answers to the questions posed by the Tribunal on May 11, 2017.
June 30, 2017	The Tribunal issues Procedural Order No. 31 concerning procedural matters.
July 14, 2017	The Tribunal issues Procedural Order No. 32 concerning procedural matters.
September 14, 2017	Each party files a reply post-hearing brief.
October 16, 2017	The Tribunal issues Procedural Order No. 33 concerning procedural matters.
October 27, 2017	Each party files a submission on costs.
December 29, 2017	The Tribunal issues Procedural Order No. 34 concerning procedural matters.
February 23, 2018	The Tribunal issues Procedural Order No. 35 concerning procedural matters.
March 7, 2018	The Tribunal poses questions to the parties.
April 4, 2018	Each party files answers to the questions posed by the Tribunal on March 7, 2018.
April 19, 2018	The non-disputing party files a communication regarding its written submission of September 30, 2015.
April 23, 2018	Each party files a response to the other party’s answers of April 4, 2018.
April 25, 2018	The Tribunal issues Procedural Order No. 36 concerning the non-disputing party’s communication of April 19, 2018.
May 8, 2018	The non-disputing party files an update to its written submission of September 30, 2015.
May 21, 2018	The Tribunal issues Procedural Order No. 37 concerning procedural matters.
May 30, 2018	Each party files observations on the non-disputing party’s update to its written submission of September 30, 2015.
July 18, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 23, 2018	The Claimants file observations on the Respondent’s request of July 18, 2018.
July 24, 2018	The Tribunal decides on the admissibility of new evidence.
August 31, 2018	The Tribunal issues a decision on one of the Respondent’s jurisdictional objections.
October 26, 2018	The Tribunal poses questions to the parties.
November 12, 2018	The Respondent files a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
November 20, 2018	The Claimants file observations on the proposal for disqualification.
November 26, 2018	Each member of the Tribunal furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
December 11, 2018	The Respondent files further observations on the proposal for disqualification.
March 6, 2019	The proposal for disqualification of the three members of the Tribunal is declined by the Acting Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
March 22, 2019	The Claimants file answers to the questions posed by the Tribunal on October 26, 2018.
April 30, 2019	The Respondent files answers to the questions posed by the Tribunal on October 26, 2018.
June 12, 2019	The Respondent files observations on the Claimants’ answers of March 22, 2019.
June 12, 2019	The Claimants file observations on the Respondent’s answers of April 30, 2019.
September 5, 2019	The Tribunal issues Procedural Order No. 38 concerning procedural matters.
September 24, 2019	The Tribunal issues Procedural Order No. 39 concerning procedural matters.
October 23, 2019	The Respondent files further answers to the questions posed by the Tribunal on October 26, 2018.
December 3, 2019	The Tribunal issues Procedural Order No. 40 concerning procedural matters.
January 11, 2020	The Tribunal issues Procedural Order No. 41 concerning procedural matters.
January 22, 2020	The Claimants file observations on the Respondent’s answers of October 23, 2019.
February 6, 2020	The Tribunal issues Procedural Order No. 42 concerning procedural matters.
April 16, 2020	The Respondent files a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
April 24, 2020	The Claimants file observations on the proposal for disqualification.
May 1, 2020	Each member of the Tribunal furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
May 8, 2020	The Respondent files further observations on the proposal for disqualification.
May 19, 2020	The Parties file further observations on the proposal for disqualification.
June 22, 2020	The Parties file further observations on the proposal for disqualification.
July 8, 2020	The proposal for disqualification of the three members of the Tribunal is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
July 14, 2020	The Respondent files a response to the Claimants’ observations of January 22, 2020.
September 4, 2020	The Tribunal issues Procedural Order No. 43 concerning procedural matters.
November 7, 2020	The Tribunal issues Procedural Order No. 44 concerning the organization of the hearing.
November 9, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
November 19, 2020	The Tribunal issues Procedural Order No. 45 concerning the organization of the hearing.
November 21, 2020 - November 27, 2020	The Tribunal holds a hearing on quantum by video conference.
December 5, 2020	The Tribunal issues Procedural Order No. 46 concerning procedural matters.
March 4, 2021	The Tribunal issues Procedural Order No. 47 concerning procedural matters.
March 11, 2021	The proceeding is suspended pursuant to the parties’ agreement.
November 1, 2021	The Claimants file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
November 1, 2021	The Respondent informs the Centre that it agrees with Claimants’ request for the discontinuance of the proceeding.
November 9, 2021	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.