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)
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Coal-powered power plant
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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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Uniper SE (German), Uniper SE, Uniper Benelux Holding B.V. (Dutch), Uniper Benelux N.V. (Dutch)
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Kingdom of the Netherlands (Dutch)
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April 30, 2021
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December 2, 2021
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Tina M. CICCHETTI (Canadian, Italian) - Appointed by the Chairman of the Administrative Council
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D. Brian KING (U.S.) - Appointed by the Claimant(s)
Jean Engelmayer KALICKI (U.S.) - Appointed by the Respondent(s) -
Gibson Dunn, London, U.K.
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De Brauw Blackstone Westbroek, Amsterdam
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English
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Concluded
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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
Composition of Tribunal
Party Representatives
(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 |
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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. |