Case Details

Smart Energy B.V. and PJSC Ukrgazvydobutok v. Ukraine (ICSID Case No. ARB/25/38)

Subject of Dispute:

Oil and gas enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Netherlands - Ukraine 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Smart Energy B.V. (Dutch), PJSC Ukrgazvydobutok (Ukrainian)
Respondent(s):

Ukraine (Ukrainian)
Date Registered:

August 11, 2025
Date of Constitution of Tribunal:

January 27, 2026

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Parties
Arbitrators:

Stephan SCHILL (German) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Three Crowns, London, U.K., Paris, France and Washington, D.C., U.S.A.
Iryna Nazarova, Vienna, Austria
Respondent(s):

Ministry of Justice, Kyiv, Ukraine
Clifford Chance, Frankfurt, Germany, Sydney, Australia, and London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

May 7, 2026 -
The Tribunal issues a decision on provisional measures.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1 (redacted)

Procedural Order No. 2

Available on the ICSID Website

Procedural Order No. 1 (redacted) (March 4, 2026) English (Original)

Procedural Order No. 2 (March 4, 2026) English (Original)

(a) Original Proceeding

Date	Development
August 11, 2025	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
October 14, 2025	Following appointment by the Claimants, Stephan Schill (German) accepts his appointment as arbitrator.
October 21, 2025	The Claimants file a request for provisional measures.
December 1, 2025	Following appointment by the Respondent, Zachary Douglas (Australian/Swiss) accepts his appointment as arbitrator.
December 19, 2025	The Respondent files observations on the Claimants’ request for provisional measures.
January 21, 2026	The Claimants file a response to the Respondent’s observations of December 19, 2025.
January 27, 2026	Following appointment by agreement of the parties, Christopher Greenwood (British) accepts his appointment as presiding arbitrator.
January 27, 2026	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by agreement of the parties; Stephan Schill (German), appointed by the Claimants; and Zachary Douglas (Australian/Swiss), appointed by the Respondent.
February 16, 2026	The Tribunal issues a decision on the Claimants’ request for interim relief.
February 18, 2026	The Respondent files a response to the Claimants’ observations of January 21, 2026.
March 2, 2026	The Tribunal holds a first session by video conference.
March 4, 2026	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 4, 2026	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
March 9, 2026	The Tribunal holds a hearing on provisional measures by video conference.
March 16, 2026	Each Party files further comments on the request for provisional measures.
March 20, 2026	Each Party responds to the other Party's comments of March 16, 2026.
May 7, 2026	The Tribunal issues a decision on provisional measures.