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)

Subject of Dispute:

Renewable energy generation enterprise
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):

Strabag SE (Austrian), Erste Nordsee-Offshore Holding GmbH (Austrian), Zweite Nordsee-Offshore Holding GmbH (Austrian)
Respondent(s):

Federal Republic of Germany (German)
Date Registered:

September 20, 2019
Date of Constitution of Tribunal:

May 7, 2020

Composition of Tribunal

President:

Veijo HEISKANEN (Finnish) - Appointed by the Parties
Arbitrators:

Judith GILL (British) - Appointed by the Claimant(s)
Maria Chiara MALAGUTI (Italian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Frankfurt, Germany and Vienna, Austria
Respondent(s):

Federal Ministry of Economic Affairs and Climate Action, Berlin, Germany
Noerr, Frankfurt, Germany
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

September 26, 2023 -
The Tribunal decides on the Respondent’s request of September 20, 2023.

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 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.
July 14, 2020	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
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.