Case Details

RWE AG and RWE Eemshaven Holding II BV v. Kingdom of the Netherlands (ICSID Case No. ARB/21/4)

Subject of Dispute:

Coal 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):

RWE AG (German), RWE Eemshaven Holding II BV (Dutch)
Respondent(s):

Kingdom of the Netherlands (Dutch)
Date Registered:

February 2, 2021
Date of Constitution of Tribunal:

June 2, 2021

Composition of Tribunal

President:

Lucy REED (U.S.) - Appointed by the Parties
Arbitrators:

James H. BOYKIN (U.S.) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Luther Rechtsanwaltsgesellschaft, Hamburg, Germany
Respondent(s):

Foley Hoag, Washington D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 12, 2024 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 and a ruling on costs.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Claimants' Memorial

Brattle Expert Report

NERA Expert Report

Claimants' Application for Bifurcation

Respondent's Response to the Application for Bifurcation

Procedural Order No. 2

Claimants' Request for Provisional Measures

Respondent's Response to the Request for Provisional Measures

Claimants' Reply relating to their Request for Provisional Measures

Respondent's Rejoinder to the Request for Provisional Measures

Decision on the Claimants’ Request for Provisional Measures

Respondent’s Counter-Memorial

Compass Lexecon Expert Report

Respondent’s List of Exhibits

Order of the Tribunal Taking Note of the Discontinuance of the Proceeding and Decision on Costs

Available on the ICSID Website

Request for Arbitration (January 20, 2021) English (Original)

Procedural Order No. 1 (October 15, 2021) English (Original)

Claimants' Memorial (December 18, 2021) English (Original)

Brattle Expert Report (December 18, 2021) English (Original)

NERA Expert Report (December 18, 2021) English (Original)

Claimants' Application for Bifurcation (January 28, 2022) English (Original)

Respondent's Response to the Application for Bifurcation (February 11, 2022) English (Original)

Procedural Order No. 2 (February 25, 2022) English (Original)

Claimants' Request for Provisional Measures (April 29, 2022) English (Original)

Respondent's Response to the Request for Provisional Measures (May 31, 2022) English (Original)

Claimants' Reply relating to their Request for Provisional Measures (June 7, 2022) English (Original)

Respondent's Rejoinder to the Request for Provisional Measures (June 14, 2022) English (Original)

Decision on the Claimants’ Request for Provisional Measures (August 16, 2022) English (Original)

Respondent’s Counter-Memorial (September 5, 2022) English (Original)

Compass Lexecon Expert Report (September 5, 2022) English (Original)

Respondent’s List of Exhibits (September 5, 2022) English (Original)

Order of the Tribunal Taking Note of the Discontinuance of the Proceeding and Decision on Costs (January 12, 2024) English (Original)

(a) Original Proceeding

Date	Development
February 2, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
April 14, 2021	Following appointment by the Claimants, James Boykin (U.S.) accepts his appointment as arbitrator.
April 28, 2021	Following appointment by the Respondent, Toby Landau (British) accepts his appointment as arbitrator.
June 2, 2021	Following appointment by agreement of the parties, Lucy Reed (U.S.) accepts her appointment as presiding arbitrator.
June 2, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Lucy Reed (U.S.), President, appointed by agreement of the parties; James Boykin (U.S.), appointed by the Claimants; and Toby Landau (British), appointed by the Respondent.
August 30, 2021	The Tribunal holds a first session by videoconference.
October 15, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 18, 2021	The Claimants file a memorial on the merits.
January 28, 2022	The Claimants file a request to address an objection to jurisdiction and an ancillary claim as preliminary questions.
February 11, 2022	The Respondent files observations on the request to address an objection to jurisdiction and an ancillary claim as preliminary questions.
February 25, 2022	The Tribunal issues Procedural Order No. 2 concerning the Claimants’ request to address an objection to jurisdiction and an ancillary claim as preliminary questions; as a result, the arbitration is to proceed in accordance with the procedural timetable for non-bifurcated proceedings.
April 29, 2022	The Claimants file a request for provisional measures.
May 3, 2022	The Respondent files observations on the admissibility of the Claimants’ request for provisional measures.
May 9, 2022	The Claimants file a response to the Respondent’s observations of May 3, 2022.
May 17, 2022	The Tribunal issues Procedural Order No. 3 concerning the admissibility of the Claimants’ request for provisional measures.
May 31, 2022	The Respondent files a response to the Claimants’ request for provisional measures.
June 7, 2022	The Claimants file observations on the Respondent’s response of May 31, 2022.
June 14, 2022	The Respondent files a rejoinder to the Claimants’ request for provisional measures.
August 16, 2022	The Tribunal issues a decision on provisional measures.
September 5, 2022	The Respondent files a counter-memorial on the merits and on jurisdiction.
October 18, 2022	The proceeding is suspended, pursuant to the parties’ agreement.
October 20, 2022	The Tribunal issues Procedural Order No. 4 concerning the suspension of the proceeding.
October 16, 2023	The Claimants file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
October 20, 2023	The Respondent informs the Centre that it does not object to the Claimants' request for the discontinuance of the proceeding.
November 8, 2023	The Respondent files a submission on costs.
January 12, 2024	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 and a ruling on costs.