Case Details

Klesch Group Holdings Limited and Raffinerie Heide GmbH v. Federal Republic of Germany (ICSID Case No. ARB/23/49)

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), Raffinerie Heide GmbH (German)
Respondent(s):

Federal Republic of Germany (German)
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):

Federal Ministry for Economic Affairs and Climate Action, Berlin, Germany
European Commission Legal Service, Brussels, Belgium
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

January 23, 2025 - The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Decision on the Temporary Restraining Order (TRO)

Decision on the Respondent’s Application for Waiver

Decision on Provisional Measures

Available on the ICSID Website

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

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

Decision on the Temporary Restraining Order (TRO) (June 15, 2024) English (Original)

Decision on the Respondent’s Application for Waiver (June 24, 2024) English (Original)

Decision on Provisional Measures (July 23, 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.
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 6, 2024	The Claimants file a request for provisional measures.
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.
June 14, 2024	The Respondent requests the Tribunal to order the Claimants to provide a declaratory statement.
June 14, 2024	The Respondent files observations on the Claimants’ request for provisional measures.
June 15, 2024	The Tribunal issues directions concerning the Claimants’ request for provisional measures.
June 21, 2024	The Respondent files further observations on the Claimants' request for provisional measures.
June 21, 2024	The Claimants file observations on the Respondent's request of June 14, 2024.
June 24, 2024	The Tribunal decides on the Respondent's request of June 14, 2024.
June 28, 2024	The Claimants file a response to the Respondent’s further observations of June 21, 2024.
July 5, 2024	The Respondent files a response to the Claimants’ observations of June 28, 2024.
July 23, 2024	The Tribunal issues a decision on provisional measures.
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.