Azienda Elettrica Ticinese v. Federal Republic of Germany (ICSID Case No. ARB/23/47)

Procedural record

1. 10 May 2024Arbitration

   10 May 2024Arbitration

   Procedural Order No. 1

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal issued the procedural rules governing the arbitration, including the applicable 2022 ICSID Arbitration Rules, the constitution and functioning of the Tribunal, party representation, costs and advances, document submission, and other procedural arrangements.

   Participants

   Azienda Elettrica Ticinese

   Federal Republic of Germany

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Washington, 18 March 1965
     statute

   1 month and 7 days later · 38 days

2. 17 June 2024Arbitration

   17 June 2024Arbitration

   Procedural Order No. 2 on Additional Procedural Matters and Procedural Calendar

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal determined that the arbitration would include a document-production phase guided, but not bound, by the 2020 IBA Rules on the Taking of Evidence in International Arbitration, and set the procedural calendar and related procedures.

   Participants

   Azienda Elettrica Ticinese

   Federal Republic of Germany

   International Centre for Settlement of Investment Disputes

   2 months and 26 days later · 87 days

3. 12 September 2024Arbitration

   12 September 2024Arbitration

   Procedural Order No. 3 on Transparency and Confidentiality

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal established the transparency and confidentiality regime governing the proceeding, including procedures for requests to protect information and publication of documents and recordings.

   Participants

   Azienda Elettrica Ticinese

   Federal Republic of Germany

   International Centre for Settlement of Investment Disputes

   Authorities cited

   2

   • Energy Charter Treaty, Lisbon, 17 December 1994, 2080 UNTS 95
     statute
   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Washington, 18 March 1965
     statute

   7 months and 5 days later · 217 days

4. 17 April 2025Arbitration

   17 April 2025Arbitration

   Procedural Order No. 4 on the Non-Disputing Party Application of 25 March 2025

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal granted the non-disputing party applicants permission to file a written submission limited to climate science and international environmental laws and standards in place before the investment, limited the submission to 30 pages, and set a filing date of 16 June 2025. It refused the requests to attend the hearing and answer questions and dismissed the applicants' other requests.

   Participants

   Azienda Elettrica Ticinese

   Federal Republic of Germany

   International Centre for Settlement of Investment Disputes

   3 months and 16 days later · 107 days

5. 2 August 2025Arbitration

   2 August 2025Arbitration

   Procedural Order No. 5 on Document Production

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal decided the parties' document-production requests as set out in Schedules A and B and directed that production take place by 15 September 2025 unless alternative scheduling proposals were endorsed by the Tribunal.

   Participants

   Azienda Elettrica Ticinese

   Federal Republic of Germany

   International Centre for Settlement of Investment Disputes

   2 months and 18 days later · 79 days

6. 20 October 2025Arbitration

   20 October 2025Arbitration

   Procedural Order No. 6 on the Procedural Calendar

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal approved the parties' agreed amendments to the procedural calendar, with an adjustment to the date for the Tribunal's notification of witnesses and experts not called by the parties, and confirmed the dates for the second case management conference and hearing.

   Participants

   Azienda Elettrica Ticinese

   Federal Republic of Germany

   International Centre for Settlement of Investment Disputes

   1 month and 1 day later · 32 days

7. 21 November 2025Arbitration

   21 November 2025Arbitration

   Procedural Order No. 7 on the Procedural Calendar

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal approved procedural points concerning document-production challenges, an agreed chronology and statement of facts, and an agreed list of issues for determination, and confirmed the updated procedural calendar.

   Participants

   Azienda Elettrica Ticinese

   Federal Republic of Germany

   International Centre for Settlement of Investment Disputes

   3 months and 4 days later · 96 days

8. 25 February 2026Arbitration

   25 February 2026Arbitration

   Procedural Order No. 8 on the Non-Disputing Party Application of 4 February 2026

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal rejected the second non-disputing party application because the requirements of Arbitration Rules 67(2) were not met and because allowing it would disrupt the proceeding and unfairly prejudice the Claimant under Rule 67(4).

   Participants

   Azienda Elettrica Ticinese

   Federal Republic of Germany

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • Glencore International AG v. Republic of Colombia (ICSID Case No. ARB/21/30, Procedural Order No. 3, 10 October 2024)
     case-law