Arbitral Digest

Matter

Hela Schwarz GmbH v. People's Republic of China (ICSID Case No. ARB/17/19)

Case no.
ARB/17/19
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 9 March 2018Arbitration

    9 March 2018Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable for the arbitration.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States dated 18 March 1965 (ICSID Convention (1965))
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration (2010)
      rules

    5 months and 1 day later · 154 days

  2. 10 August 2018Arbitration

    10 August 2018Arbitration

    Procedural Order No. 2: Decision on the Claimant's Request for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimant's request for provisional measures and deferred costs for later consideration.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States dated 18 March 1965 (ICSID Convention (1965))
      statute

    4 months and 7 days later · 129 days

  3. 17 December 2018Arbitration

    17 December 2018Arbitration

    Procedural Order No. 3: Decision on the Respondent's Request for Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied bifurcation, joined the Respondent's jurisdiction and admissibility objections to the merits, applied Alternative Schedule 2, and deferred costs.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Agreement between Germany and China on the Encouragement and Reciprocal Protection of Investments dated 1 December 2003 (Germany-China BIT (2003))
      statute
    • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States dated 18 March 1965 (ICSID Convention (1965))
      statute

    4 months and 28 days later · 149 days

  4. 15 May 2019Arbitration

    15 May 2019Arbitration

    Procedural Order No. 4: Reasoned Decision on the Claimant's Request to Amend the Request for Arbitration

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Claimant's requested clarifications and amendments to the Request for Arbitration as set out in the Order.

    Supporting details

    4 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Institution Rules
      rules
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Agreement between the Federal Republic of Germany and the People’s Republic of China on the Encouragement and Reciprocal Protection of Investments
      statute

    2 months and 14 days later · 75 days

  5. 29 July 2019Arbitration

    29 July 2019Arbitration

    Procedural Order No. 5: Decision on the Parties' Requests for the Production of Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided each contested document-production request in the annexes and ordered production of the documents so directed by 26 August 2019.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
    • Agreement between the Federal Republic of Germany and the People’s Republic of China on the Encouragement and Reciprocal Protection of Investments
      statute

    1 year, 1 month and 27 days later · 424 days

  6. 25 September 2020Arbitration

    25 September 2020Arbitration

    Procedural Order No. 6: Decision on the Rescheduling of the Hearing

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rescheduled the hearing for 5 to 16 July 2021, subject to the stated format and scheduling directions, and deferred the precise dates.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 4 months and 2 days later · 489 days

  7. 27 January 2022Arbitration

    27 January 2022Arbitration

    Procedural Order No. 7: Decision on the Rescheduling of the Hearing

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal scheduled the hearing for 3 to 11 December 2022, with priority for 5 to 9 December 2022, and directed that it proceed in person or by video as later determined.

    Supporting details

    International Centre for Settlement of Investment Disputes

    9 months and 12 days later · 285 days

  8. 8 November 2022Arbitration

    8 November 2022Arbitration

    Procedural Order No. 8: Organization of the Hearing

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization, schedule, hearing format, evidence procedure, and related arrangements for the hearing in London from 5 to 9 December 2022.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    3 years, 1 month and 2 days later · 1128 days

  9. 10 December 2025Arbitration

    10 December 2025Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's jurisdiction, admissibility, and abuse of process objections, except for the administrative review objection concerning cancellation of the food production licence. It dismissed the Claimant's denial of justice claim, procedural-obligations allegation, and all other claims; costs were addressed in a confidential codicil.

    Supporting details

    3 authorities · 22 participants
    Hela Schwarz GmbH
    Representative
    Philipp K. Wagner (For: Hela Schwarz GmbH)
    Representative
    Florian Dupuy (For: Hela Schwarz GmbH)
    Representative
    Laura Halonen (For: Hela Schwarz GmbH)
    Representative
    Petrit Elshani (For: Hela Schwarz GmbH)
    People's Republic of China
    Representative
    Emmanuel Jacomy (For: People's Republic of China)
    Representative
    Eric Li (For: People's Republic of China)
    Representative
    Edward Taylor (For: People's Republic of China)
    Representative
    Garreth Wong (For: People's Republic of China)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Roland Ziade
    Institutional administrator
    Geraldine Fischer
    Other
    Expert
    Lin Feng
    Witness
    Huang Bei
    Expert
    He Haibo

    Authorities cited

    3
    • Agreement between Germany and China on the Encouragement and Reciprocal Protection of Investments dated 1 December 2003 (Germany-China BIT (2003))
      statute
    • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States dated 18 March 1965 (ICSID Convention (1965))
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration (2010)
      rules

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Hela Schwarz GmbH v. People's Republic of China (ICSID Case No. ARB/17/19) · Matter