Case Details

Azienda Elettrica Ticinese v. Federal Republic of Germany (ICSID Case No. ARB/23/47)

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):

Azienda Elettrica Ticinese (Swiss)
Respondent(s):

Federal Republic of Germany (German)
Date Registered:

October 20, 2023
Date of Constitution of Tribunal:

March 13, 2024

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by Co-Arbitrators
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Luther, Hamburg, Germany
Respondent(s):

Federal Ministry for Economic Affairs and Energy, Berlin, Germany
Aurelius Cotta, Frankfurt, Germany
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 3, 2025 - The Tribunal holds a case management conference with the parties by video conference.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Claimant’s Memorial on the Merits

Procedural Order No. 3

Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction

Procedural Order No. 4

Procedural Order No. 5

Available on the ICSID Website

Request for Arbitration (September 29, 2023) English (Original)

Procedural Order No. 1 (May 10, 2024) English (Original)

Procedural Order No. 2 (June 17, 2024) English (Original)

Claimant’s Memorial on the Merits (July 26, 2024) English (Original)

Procedural Order No. 3 (September 12, 2024) English (Original)

Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction (March 26, 2025) English (Original)

Procedural Order No. 4 (April 17, 2025) English (Original)

Procedural Order No. 5 (August 2, 2025) English (Original)

(a) Original Proceeding

Date	Development
October 20, 2023	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 15, 2023	Following appointment by the Claimant, John Beechey (British) accepts his appointment as arbitrator.
December 30, 2023	Following appointment by the Respondent, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator.
March 13, 2024	Following appointment by his co-arbitrators pursuant to the parties’ agreement, Christopher Greenwood (British) accepts his appointment as presiding arbitrator.
March 13, 2024	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by his co-arbitrators pursuant to the parties’ agreement; John Beechey (British), appointed by the Claimant; and Campbell McLachlan (New Zealand), appointed by the Respondent.
April 19, 2024	The Tribunal holds a first session by video conference.
May 10, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 17, 2024	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
July 26, 2024	The Claimants file a memorial on the merits.
September 12, 2024	The Tribunal issues Procedural Order No. 3 concerning transparency and confidentiality.
March 25, 2025	Non-disputing parties file an application to file a written submission pursuant to ICSID Arbitration Rule 67(1).
March 26, 2025	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
April 11, 2025	Each party files observations on the non-disputing party’s application.
April 17, 2025	The Tribunal issues Procedural Order No. 4 concerning the non-disputing parties’ application to file a written submission pursuant to ICSID Arbitration Rule 67(5).
June 11, 2025	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
June 13, 2025	The non-disputing parties file a written submission.
August 2, 2025	The Tribunal issues Procedural Order No. 5 concerning production of documents.
October 20, 2025	The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
November 3, 2025	The Tribunal holds a case management conference with the parties by video conference.