Arbitral Digest

Matter

RWE AG and RWE Eemshaven Holding II BV v. Kingdom of the Netherlands (ICSID Case No. ARB/21/4)

Case no.
ARB/21/4
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 15 October 2021Arbitration

    15 October 2021Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and calendar for the arbitration, including the applicable ICSID Arbitration Rules, the place of proceeding, party representation, and the sequence for submissions and evidence.

    Supporting details

    6 participants
    RWE AG
    RWE Eemshaven Holding II BV
    Kingdom of the Netherlands
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lucy Reed
    Arbitrator
    James Boykin
    Arbitrator
    Toby Landau

    4 months and 10 days later · 133 days

  2. 25 February 2022Arbitration

    25 February 2022Arbitration

    Procedural Order No. 2: Decision on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimants' application for bifurcation, directed the arbitration to proceed under a non-bifurcated procedural schedule, and reserved costs.

    Supporting details

    6 participants
    RWE AG
    RWE Eemshaven Holding II BV
    Kingdom of the Netherlands
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lucy Reed
    Arbitrator
    James Boykin
    Arbitrator
    Toby Landau

    5 months and 22 days later · 172 days

  3. 16 August 2022Arbitration

    16 August 2022Arbitration

    Decision on the Claimants' Request for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimants' request for provisional measures at that time. It recommended that the Respondent not aggravate the dispute by restraining the Claimants' full participation without sufficient notice, reconsider the necessity and appropriateness of continuing the German proceedings, and communicate the decision to the Higher Regional Court of Cologne; costs were reserved.

    Supporting details

    3 authorities · 6 participants
    RWE AG
    RWE Eemshaven Holding II BV
    Kingdom of the Netherlands
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lucy Reed
    Arbitrator
    James Boykin
    Arbitrator
    Toby Landau

    Authorities cited

    3
    • Slovak Republic v Achmea B.V. (Court of Justice of the European Union, Case C-284/16, ECLI:EU:C:2018:158)
      case law
    • Komstroy (Court of Justice of the European Union, Case C-741/19)
      case law
    • PL Holdings Sarl v Poland (Court of Justice of the European Union, Case C-109/20)
      case law

    1 year, 4 months and 27 days later · 514 days

  4. 12 January 2024Arbitration

    12 January 2024Arbitration

    Order of the Tribunal Taking Note of the Discontinuance of the Proceeding and Decision on Costs

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal took note of the discontinuance of the arbitral proceeding under ICSID Arbitration Rule 44 and denied the Respondent's request for costs. The Claimants and the Respondent were each to bear their own costs of the arbitration.

    Supporting details

    6 participants
    RWE AG
    RWE Eemshaven Holding II BV
    Kingdom of the Netherlands
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lucy Reed
    Arbitrator
    James Boykin
    Arbitrator
    Toby Landau

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RWE AG and RWE Eemshaven Holding II BV v. Kingdom of the Netherlands (ICSID Case No. ARB/21/4) · Matter