Matter
Mainstream Renewable Power Ltd and others v. Federal Republic of Germany (ICSID Case No. ARB/21/26)
- 22 November 2021United States
22 November 2021United States
Procedural Order No. 1 (amended January 26, 2022)
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal established the procedural rules governing the arbitration, including representation, document production, evidence, hearings, publication, and a procedural timetable.
Supporting details
International Centre for Settlement of Investment Disputes
1 month and 27 days later · 57 days
- 18 January 2022United States
18 January 2022United States
Decision on Respondent's Application under ICSID Arbitration Rule 41(5)
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal denied the Respondent's application under ICSID Arbitration Rule 41(5), denied both Parties' requests that it rule on jurisdiction in that application, and reserved costs.
Supporting details
5 authoritiesInternational Centre for Settlement of Investment Disputes
4 months and 14 days later · 134 days
- 1 June 2022United States
1 June 2022United States
Procedural Order No. 2
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal rejected the Respondent's request to stay the arbitration pending the appeal concerning the Berlin Court decision and reserved costs.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
6 days later · 6 days
- 7 June 2022United States
7 June 2022United States
Procedural Order No. 3 - Decision on Bifurcation
International Centre for Settlement of Investment Disputes
- Decision summary
- By majority, the Tribunal rejected the Respondent's request for bifurcation, joined the intra-EU, subject-matter jurisdiction, and personal-jurisdiction objections to the merits, and directed the Parties to follow Scenario 2 of the Procedural Order No. 1 timetable.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
- 7 June 2022United States
7 June 2022United States
Procedural Order No. 3 - Dissenting Opinion
International Centre for Settlement of Investment Disputes
- Decision summary
- Arbitrator Antolin Fernandez Antuna dissented from the majority's rejection of bifurcation and opined that the jurisdictional objections should be bifurcated rather than joined to the merits.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
7 months and 2 days later · 216 days
- 9 January 2023United States
9 January 2023United States
Procedural Order No. 4
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal decided the Parties' document production requests as set out in the Order and Stern Schedules, directed production of ordered documents by January 27, 2023, and directed related privilege logs, sensitivity responses, and search summaries by that date.
Supporting details
International Centre for Settlement of Investment Disputes
23 days later · 23 days
- 1 February 2023United States
1 February 2023United States
Procedural Order No. 5 - Decision on the European Commission's Application to Intervene as a Non-Disputing Party
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal granted the European Commission leave to intervene through one written submission limited to Article 26 of the Energy Charter Treaty and intra-EU jurisdiction. It denied the Commission access to the case file and attendance at the hearing, and reserved costs.
Supporting details
1 authority · 1 participantEuropean Commission
International Centre for Settlement of Investment Disputes
1 month and 5 days later · 33 days
- 6 March 2023United States
6 March 2023United States
Procedural Order No. 6
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal made no orders against the Claimants because document production had been completed, noted the requirements for extensions and the effect of delay, directed the Respondent to provide search, confidentiality, sensitivity, and privilege information, and reserved costs.
Supporting details
International Centre for Settlement of Investment Disputes
2 months and 24 days later · 85 days
- 30 May 2023United States
30 May 2023United States
Procedural Order No. 7
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal confirmed that it would make no further schedule adjustments, ruled that specified data-privacy documents withheld by the Respondent need not be produced, and set out a process for any later privilege review and ruling.
Supporting details
International Centre for Settlement of Investment Disputes
1 month and 17 days later · 48 days
- 17 July 2023United States
17 July 2023United States
Procedural Order No. 8
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal declined to order withdrawal of Germany's pending appeal or other connected national-court proceedings. It required the Respondent to refrain from initiating further proceedings intended to prevent continuation of the arbitration, or to notify the Claimants and Tribunal in advance, and reserved costs.
Supporting details
4 authoritiesInternational Centre for Settlement of Investment Disputes
1 month and 5 days later · 36 days
- 22 August 2023United States
22 August 2023United States
Procedural Order No. 9
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal set the procedural arrangements and schedule for the September 2023 hearing, dismissed the Claimants' request to exclude the Respondent's three new witness statements, and allowed responsive documentary evidence.
Supporting details
International Centre for Settlement of Investment Disputes
2 days later · 2 days
- 24 August 2023United States
24 August 2023United States
Procedural Order No. 10
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal denied the Claimants' applications to exclude the Respondent's new witness evidence and to require the Respondent to resubmit its Rejoinder without reference to that evidence, and reserved costs.
Supporting details
International Centre for Settlement of Investment Disputes