Case Details
Strabag SE, Erste Nordsee-Offshore Holding GmbH and Zweite Nordsee-Offshore Holding GmbH v. Federal Republic of Germany (ICSID Case No. ARB/19/29)
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Renewable energy generation enterprise
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Electric Power & Other Energy
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ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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Strabag SE (Austrian), Erste Nordsee-Offshore Holding GmbH (Austrian), Zweite Nordsee-Offshore Holding GmbH (Austrian)
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Federal Republic of Germany (German)
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September 20, 2019
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May 7, 2020
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Veijo HEISKANEN (Finnish) - Appointed by the Parties
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Judith GILL (British) - Appointed by the Claimant(s)
Maria Chiara MALAGUTI (Italian) - Appointed by the Respondent(s) -
Freshfields Bruckhaus Deringer, Frankfurt, Germany and Vienna, Austria
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Federal Ministry of Economic Affairs and Climate Action, Berlin, Germany
Noerr, Frankfurt, Germany -
English
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Concluded
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December 18, 2024 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Maria Chiara Malaguti.
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January 31, 2025
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Freshfields, Frankfurt, Germany and Vienna, Austria
ARKTIK, Frankfurt, Germany -
Federal Ministry of Economic Affairs and Climate Action, Berlin, Germany
Noerr, Frankfurt, Germany -
English
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Concluded
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April 30, 2025 - The Tribunal issues a decision on the rectification of the award.
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Respondent(s)
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August 29, 2025
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October 7, 2025
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Penelope RIDINGS (New Zealand)
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Freshfields, Frankfurt, Germany, Milan, Italy and Vienna, Austria
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Annacker International Disputes, Paris, France
Federal Ministry for Economic Affairs and Energy, Berlin, Germany -
English
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Pending
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November 21, 2025 - Strabag SE, Erste Nordsee-Offshore Holding GmbH and Zweite Nordsee-Offshore Holding GmbH file observations on the Federal Republic of Germany’s request to continue the stay of enforcement of the award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Rectification Proceeding
Party Representatives
(c) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
| Date | Development |
|---|---|
| September 20, 2019 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
| January 2, 2020 | Following appointment by the Claimants, Judith Gill (British) accepts her appointment as arbitrator. |
| January 2, 2020 | Following appointment by the Respondent, Maria Chiara Malaguti (Italian) accepts her appointment as arbitrator. |
| May 7, 2020 | Following appointment by agreement of the parties, Veijo Heiskanen (Finnish) accepts his appointment as presiding arbitrator. |
| May 7, 2020 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Veijo Heiskanen (Finnish), President, appointed by agreement of the parties; Judith Gill (British), appointed by the Claimants; and Maria Chiara Malaguti (Italian), appointed by the Respondent. |
| June 8, 2020 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| June 15, 2020 | The Tribunal holds a first session by video conference. |
| June 23, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| June 23, 2020 | The Claimants file observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| July 6, 2020 | The Respondent files a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| July 10, 2020 | The Claimants file a rejoinder on preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| July 14, 2020 | The Tribunal issues Procedural Order No. 2 concerning the procedural calendar. |
| July 24, 2020 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| December 11, 2020 | The Claimants file a memorial on jurisdiction and the merits. |
| December 14, 2020 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| December 23, 2020 | Each party files observations on the non-disputing party’s application. |
| January 12, 2021 | The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| January 18, 2021 | A non-disputing party files a request to alter the Tribunal’s Procedural Order No. 3 dated January 12, 2021. |
| January 21, 2021 | Each party files observations on the non-disputing party’s request of January 18, 2021. |
| January 27, 2021 | The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s request of January 18, 2021. |
| March 11, 2021 | The Respondent files a memorial on jurisdiction and a request to address the objections to jurisdiction as a preliminary question. |
| April 1, 2021 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
| April 19, 2021 | The Tribunal issues Procedural Order No. 5 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. |
| August 9, 2021 | The Respondent files a counter-memorial on jurisdiction and the merits. |
| November 9, 2021 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
| December 6, 2021 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
| March 14, 2022 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
| June 27, 2022 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
| July 27, 2022 | The Claimants file a rejoinder on jurisdiction. |
| August 24, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
| September 5, 2022 | The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing. |
| September 19, 2022 - September 30, 2022 | The Tribunal holds a hearing on jurisdiction and the merits in London. |
| October 31, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| January 20, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
| January 20, 2023 | Each party files a post-hearing brief. |
| January 26, 2023 | The Respondent files observations on the Claimants’ request of January 20, 2023. |
| January 29, 2023 | The Tribunal decides on the admissibility of new evidence. |
| March 17, 2023 | Each party files a reply post-hearing brief. |
| March 17, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
| March 24, 2023 | The Respondent files observations on the Claimants’ request of March 17, 2023. |
| March 29, 2023 | The Tribunal decides on the Claimants’ request of March 17, 2023. |
| April 14, 2023 | Each party files a statement of costs. |
| April 19, 2023 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| April 28, 2023 | The Claimants file observations on the Respondent’s request of April 28, 2023. |
| April 28, 2023 | Each party files a reply statement of costs. |
| May 16, 2023 | The Tribunal decides on the Respondent’s request of April 19, 2023. |
| May 22, 2023 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| May 26, 2023 | The Claimants file observations on the Respondent’s request of May 22, 2023. |
| June 1, 2023 | The Tribunal decides on the Respondent’s request of May 22, 2023. |
| September 13, 2023 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| September 20, 2023 | The Claimants file observations on the Respondent’s request of September 13, 2023. |
| September 26, 2023 | The Tribunal decides on the Respondent’s request of September 20, 2023. |
| September 9, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
| December 18, 2024 | The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Maria Chiara Malaguti. |
(b) Rectification Proceeding
| Date | Development |
|---|---|
| January 31, 2025 | The Secretary-General registers a request for rectification of the award filed by the Federal Republic of Germany. |
| February 14, 2025 | Strabag SE, Erste Nordsee-Offshore Holding GmbH and Zweite Nordsee-Offshore Holding GmbH file observations on the Federal Republic of Germany’s request for rectification. |
| February 21, 2025 | The Federal Republic of Germany files a response to Strabag SE, Erste Nordsee-Offshore Holding GmbH and Zweite Nordsee-Offshore Holding GmbH’s observations of February 14, 2025. |
| February 28, 2025 | Strabag SE, Erste Nordsee-Offshore Holding GmbH and Zweite Nordsee-Offshore Holding GmbH file further observations on the Federal Republic of Germany’s request for rectification. |
| March 10, 2025 | The Tribunal issues a decision concerning the stay of enforcement of the award. |
| March 19, 2025 | Each party files a statement of costs. |
| April 25, 2025 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1), 46 and 49(4). |
| April 30, 2025 | The Tribunal issues a decision on the rectification of the award. |
(c) Annulment Proceeding
| Date | Development |
|---|---|
| August 29, 2025 | The Acting Secretary-General registers an application for annulment of the award filed by the Federal Republic of Germany and notifies the parties of the provisional stay of enforcement of the award. |
| October 7, 2025 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Penelope Ridings (New Zealand), President; Makhdoom Ali Khan (Pakistani); and Judith Levine (Australian/Irish); all members appointed by the Chairman of the Administrative Council. |
| October 24, 2025 | The ad hoc Committee holds a first session by video conference. |
| November 5, 2025 | The ad hoc Committee issues Procedural Order No.1 concerning procedural matters. |
| November 7, 2025 | The Federal Republic of Germany files a request to continue the stay of enforcement of the award. |
| November 21, 2025 | Strabag SE, Erste Nordsee-Offshore Holding GmbH and Zweite Nordsee-Offshore Holding GmbH file observations on the Federal Republic of Germany’s request to continue the stay of enforcement of the award. |

