Case Details
Mainstream Renewable Power Ltd and others v. Federal Republic of Germany (ICSID Case No. ARB/21/26)
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Offshore wind development
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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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Mainstream Renewable Power Ltd (Irish), International Mainstream Renewable Power Limited (Irish), Mainstream Renewable Power Group Finance Ltd (Irish), Horizont I Development GmbH (German), Horizont II Renewable GmbH (German), Horizont III Power GmbH (German)
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Federal Republic of Germany (German)
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May 13, 2021
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September 14, 2021
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Wendy J. MILES (New Zealand) - Appointed by the Parties
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Charles PONCET (Swiss) - Appointed by the Claimant(s)
Antolín FERNÁNDEZ ANTUÑA (Spanish) - Appointed by the Respondent(s) -
Hogan Lovells International, London, U.K.
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Federal Ministry of Economic Affairs and Climate Action, Berlin, Germany
Noerr, Frankfurt, Germany -
English
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Pending
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March 7, 2024 -
Each party files a reply submission on costs.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1 (amended January 26, 2022)
Decision on Respondent’s Application under ICSID Arbitration Rule 41(5)
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 3 – Dissenting Opinion
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Procedural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Available on the ICSID Website
Procedural Order No. 1 (amended January 26, 2022) (November 22, 2021) English (Original)
Decision on Respondent’s Application under ICSID Arbitration Rule 41(5) (January 18, 2022) English (Original)
Procedural Order No. 2 (June 1, 2022) English (Original)
Procedural Order No. 3 (June 7, 2022) English (Original)
Procedural Order No. 3 – Dissenting Opinion (June 7, 2022) English (Original)
Procedural Order No. 4 (January 9, 2023) English (Original)
Procedural Order No. 5 (February 1, 2023) English (Original)
Procedural Order No. 6 (March 6, 2023) English (Original)
Procedural Order No. 7 (May 30, 2023) English (Original)
Procedural Order No. 8 (July 17, 2023) English (Original)
Procedural Order No. 9 (August 22, 2023) English (Original)
Procedural Order No. 10 (August 24, 2023) English (Original)
(a) Original Proceeding
Date | Development |
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May 13, 2021 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 15, 2021 | Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator. |
July 15, 2021 | Following appointment by the Respondent, Antolín Fernández Antuña (Spanish) accepts his appointment as arbitrator. |
September 14, 2021 | Following appointment by agreement of the parties, Wendy Miles (New Zealand) accepts her appointment as presiding arbitrator. |
September 14, 2021 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Wendy Miles (New Zealand), President, appointed by agreement of the parties; Charles Poncet (Swiss), appointed by the Claimants; and Antolín Fernández Antuña (Spanish), appointed by the Respondent. |
October 12, 2021 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
October 26, 2021 | The Tribunal holds a first session by video conference. |
November 5, 2021 | The Respondent files a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
November 22, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
January 18, 2022 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
February 11, 2022 | The Claimants file a memorial on the merits. |
April 25, 2022 | The Respondent files a memorial on jurisdiction, including a request to address the objections to jurisdiction as a preliminary question. |
May 6, 2022 | The Claimants file a memorial on jurisdiction, including observations on the request to address the objections to jurisdiction as a preliminary question. |
May 23, 2022 | The Respondent files a request for a stay of the proceeding. |
May 25, 2022 | The Claimants file observations on the Respondent’s request of May 23, 2022. |
May 30, 2022 | The Respondent files a response to the Claimants’ observations of May 25, 2022. |
May 30, 2022 | The Claimants file further observations on the Respondent’s request of May 23, 2022. |
June 1, 2022 | The Tribunal issues Procedural Order No. 2 concerning the request for a stay of the proceeding. |
June 7, 2022 | The Tribunal issues Procedural Order No. 3 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 26, 2022 | The Respondent files a counter-memorial on the merits. |
October 6, 2022 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 25, 2022 | Each party files observations on the non-disputing party’s application. |
November 11, 2022 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
December 2, 2022 | Each party files observations on the other party’s request for the Tribunal to decide on production of documents. |
January 9, 2023 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
February 1, 2023 | The Tribunal issues Procedural Order No. 5 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 6, 2023 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
March 10, 2023 | The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 6. |
March 16, 2023 | The Claimants file observations on the Respondent’s request of March 10, 2023. |
March 24, 2023 | The Respondent files a response to the Claimants’ observations of March 16, 2023. |
May 5, 2023 | The Claimants file a reply on the merits. |
May 30, 2023 | The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request of March 10, 2023. |
May 30, 2023 | The Claimants file a request for provisional measures. |
June 9, 2023 | The Respondent files observations on the Claimants’ request for provisional measures. |
July 17, 2023 | The Tribunal issues Procedural Order No. 8 concerning provisional measures. |
August 4, 2023 | The Respondent files a rejoinder on the merits. |
August 14, 2023 | The Claimants file a request for the exclusion of evidence. |
August 15, 2023 | The Respondent files observations on the Claimants’ request of August 14, 2023. |
August 16, 2023 | The Tribunal holds a pre-hearing organizational meeting by video conference. |
August 22, 2023 | The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing. |
August 24, 2023 | The Tribunal issues Procedural Order No. 10 concerning the Claimants’ request of August 14, 2023. |
September 1, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
September 14, 2023 | The Respondent files observations on the Claimants’ request of September 1, 2023. |
September 15, 2023 | The Tribunal decides on the Claimants’ request of September 1, 2023. |
September 18, 2023 - September 28, 2023 | The Tribunal holds a hearing on jurisdiction and the merits in London. |
November 21, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
November 24, 2023 | Each party files a post-hearing brief. |
December 1, 2023 | The Respondent files observations on the Claimants’ request of November 21, 2023. |
December 4, 2023 | The Tribunal decides on the Claimants’ request of November 21, 2023. |
December 15, 2023 | Each party files a reply post-hearing brief. |
February 16, 2024 | Each party files a submission on costs. |
March 7, 2024 | Each party files a reply submission on costs. |