A hearing in the above case will take place from Saturday, November 21, 2020 to Friday, November 27, 2020 (with Thursday, November 26, 2020 being a non-hearing day).
On October 26, 2018, the Tribunal sought the Parties’ views on a number of questions with respect to its jurisdiction and the quantum in these proceedings. The Tribunal’s question on quantum requested the Parties to provide their case regarding a specific potential valuation date for the quantification of damages, i.e., June 29, 2011 (“Tribunal Question 8”). This date corresponds to the date prior to the date of adoption of the 13th Amendment to the German Atomic Energy Act, being the disputed measure at stake in the arbitration. The Parties have exchanged a number of written submissions and expert reports on the Tribunal’s questions, including Tribunal Question 8.
On August 14, 2020, the Tribunal granted Respondent’s request for an oral hearing to be held, to be limited to submissions and the examination of witnesses and experts in relation to Tribunal Question 8. The Tribunal directed that the hearing would be held remotely, since present circumstances render an in-person hearing with all participants unsafe.
On November 19, 2020, the Tribunal additionally granted the Parties the right to make oral submissions at the hearing with respect to the German Federal Constitutional Court’s decision in case no. 1 BvR 1550/19 published on November 12, 2020.
The members of the Tribunal are Professor Albert Jan van den Berg (President), Professor Vaughan Lowe and the Honorable Charles N. Brower. The Claimants are represented by Luther Rechtsanwaltsgesellschaft mbH and Mannheimer Swartling Advokatbyrå AB. The Respondent is represented by Morgan, Lewis & Bockius and the German Bundesministerium für Wirtschaft und Energie. Further publicly available information on this case can be consulted here.
By agreement of the Parties, the hearing shall be open to the public, except for any specific parts requested by either Party to be kept confidential. Video recordings of each hearing day will be posted as soon as possible after each hearing day and will be available for viewing for one week. Please continue to monitor the ICSID website for further announcements when the recordings are available.