Case Details

Klesch Group Holdings Limited, Klesch Refining Denmark A/S and Kalundborg Refinery A/S v. Kingdom of Denmark (ICSID Case No. ARB/23/48)

Subject of Dispute:

Oil and Gas enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Klesch Group Holdings Limited (British), Klesch Refining Denmark A/S (Danish), Kalundborg Refinery A/S (Danish)
Respondent(s):

Kingdom of Denmark (Danish)
Date Registered:

October 24, 2023
Date of Constitution of Tribunal:

March 29, 2024

Composition of Tribunal

President:

Cavinder BULL (Singaporean) - Appointed by the Chairman of the Administrative Council
Arbitrators:

O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Jorge E. VIÑUALES (Argentine, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Mayer Brown, London, U.K. and Paris, France
Respondent(s):

Prime Minister’s Office, Copenhagen, Denmark
Ministry of Justice, Copenhagen, Denmark
Ministry of Foreign Affairs, Copenhagen, Denmark
Ministry of Taxation, Copenhagen, Denmark
European Commission Legal Service, Brussels, Belgium
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 19, 2025 - The Tribunal holds a hearing on the Respondent’s request to address the objections to jurisdiction as a preliminary question in Paris.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Available on the ICSID Website

Procedural Order No. 1 (June 14, 2024) English (Original)

Procedural Order No. 2 (June 14, 2024) English (Original)

(a) Original Proceeding

Date	Development
October 24, 2023	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 17, 2024	Following appointment by the Claimants, O. Thomas Johnson (U.S.) accepts his appointment as arbitrator.
January 19, 2024	Following appointment by the Respondent, Jorge E. Viñuales (Argentine/Swiss) accepts his appointment as arbitrator.
February 12, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
March 28, 2024	Following appointment by the Chair of the Administrative Council in accordance with Article 38 of the ICSID Convention, Cavinder Bull (Singaporean) accepts his appointment as presiding arbitrator.
March 29, 2024	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President, appointed by the Chair of the Administrative Council in accordance with Article 38 of the ICSID Convention; O. Thomas Johnson (U.S.), appointed by the Claimants; and Jorge E. Viñuales (Argentine/Swiss), appointed by the Respondent.
May 28, 2024	The Tribunal holds a first session by video conference.
June 14, 2024	The Tribunal issues Procedural Order No. 1 concerning the rules applicable to the proceeding.
June 14, 2024	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
December 9, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
January 23, 2025	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
February 13, 2025	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
March 19, 2025	The Tribunal holds a hearing on the Respondent’s request to address the objections to jurisdiction as a preliminary question in Paris.