Case Details

Uniper SE, Uniper Benelux Holding B.V. and Uniper Benelux N.V. v. Kingdom of the Netherlands (ICSID Case No. ARB/21/22)

Subject of Dispute:

Coal-powered 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):

Uniper SE (German), Uniper SE, Uniper Benelux Holding B.V. (Dutch), Uniper Benelux N.V. (Dutch)
Respondent(s):

Kingdom of the Netherlands (Dutch)
Date Registered:

April 30, 2021
Date of Constitution of Tribunal:

December 2, 2021

Composition of Tribunal

President:

Tina M. CICCHETTI (Canadian, Italian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

D. Brian KING (U.S.) - Appointed by the Claimant(s)
Jean Engelmayer KALICKI (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Gibson Dunn, London, U.K.
Respondent(s):

De Brauw Blackstone Westbroek, Amsterdam
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 17, 2023 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(a) Original Proceeding

Published Decisions

Decision on the Claimants’ Request for Provisional Measures (without reasons)

Procedural Order No. 1

Procedural Order No. 2 - Decision on the Claimants’ Request for Provisional Measures

Claimants’ Memorial

Index of Exhibits to Claimants’ Memorial

Available on the ICSID Website

Decision on the Claimants’ Request for Provisional Measures (without reasons) (February 17, 2022) English (Original)

Procedural Order No. 1 (March 3, 2022) English (Original)

Procedural Order No. 2 - Decision on the Claimants’ Request for Provisional Measures (May 9, 2022) English (Original)

Claimants’ Memorial (May 20, 2022) English (Original)

Index of Exhibits to Claimants’ Memorial (May 20, 2022) English (Original)

(a) Original Proceeding

Date	Development
April 30, 2021	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 8, 2021	Following appointment by the Claimants, D. Brian King (U.S.) accepts his appointment as arbitrator.
August 2, 2021	Following appointment by the Respondent, Jean Kalicki (U.S.) accepts her appointment as arbitrator.
December 1, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Tina Cicchetti (Canada/Italy) accepts her appointment as presiding arbitrator.
December 2, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Tina Cicchetti (Canada/Italy), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention ; D. Brian King (U.S.), appointed by the Claimants; and Jean Kalicki (U.S.), appointed by the Respondent.
December 3, 2021	The Claimants file a request for provisional measures.
January 21, 2022	The Respondent files observations on the Claimants’ request for provisional measures.
February 3, 2022	The Tribunal holds a first session and a hearing on provisional measures by video conference.
February 17, 2022	The Tribunal issues a decision on provisional measures (with reasons to follow).
March 3, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 9, 2022	The Tribunal issues Procedural Order No. 2 concerning the Claimants' request for provisional measures.
May 20, 2022	The Claimants file a memorial on the merits.
June 28, 2022	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
July 12, 2022	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
July 26, 2022	The Tribunal issues a decision on 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.
July 29, 2022	The proceeding is suspended until September 2, 2022 pursuant to the parties’ agreement.
September 5, 2022	The suspension of the proceeding is extended until January 9, 2023, pursuant to the parties’ agreement.
March 17, 2023	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.