Arbitral Digest

Matter

Klesch Group Holdings Limited and Raffinerie Heide GmbH v. Federal Republic of Germany (ICSID Case No. ARB/23/49)

Case no.
ARB/23/49
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 14 June 2024Arbitration

    14 June 2024Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules, timetable, document-production framework, hearing arrangements, and other organizational directions for the arbitration.

    Supporting details

    2 authorities · 6 participants
    Klesch Group Holdings Limited
    Raffinerie Heide GmbH
    Federal Republic of Germany
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull

    Authorities cited

    2
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965)
      statute
    • 2020 IBA Rules on the Taking of Evidence in International Arbitration
      statute
  2. 14 June 2024Arbitration

    14 June 2024Arbitration

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted the transparency and confidentiality regime governing the proceeding, including rules for publication, redactions, hearings, transcripts, recordings, and protected information.

    Supporting details

    2 authorities · 4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurelia Antonietti

    Authorities cited

    2
    • Energy Charter Treaty of 17 December 1994
      statute
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965)
      statute

    1 day later · 1 days

  3. 15 June 2024Arbitration

    15 June 2024Arbitration

    Decision on the Temporary Restraining Order

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that the Claimants had not established sufficient urgency for a temporary restraining order and made no order on the request at that time, while reserving the possibility of revisiting the issue if circumstances changed.

    Supporting details

    4 participants
    Klesch Group Holdings Limited
    Raffinerie Heide GmbH
    Federal Republic of Germany
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Aurelia Antonietti

    9 days later · 9 days

  4. 24 June 2024Arbitration

    24 June 2024Arbitration

    Decision on the Respondent's Application for Waiver

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's application for a general waiver of confidentiality over tax documents as unnecessary and potentially overbroad. Costs of the application were reserved.

    Supporting details

    2 participants
    Federal Republic of Germany
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Aurelia Antonietti

    29 days later · 29 days

  5. 23 July 2024Arbitration

    23 July 2024Arbitration

    Decision on Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recommended that Raffinerie Heide GmbH could file its self-assessment within the statutory time limits and that the Respondent and authorities under its control refrain from demanding or pursuing collection of amounts allegedly due under the German Annual Tax Act 2022, subject to the terms of the Decision.

    Supporting details

    4 authorities · 6 participants
    Klesch Group Holdings Limited
    Raffinerie Heide GmbH
    Federal Republic of Germany
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull

    Authorities cited

    4
    • Energy Charter Treaty of 17 December 1994
      statute
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965)
      statute
    • European Union Council Regulation 2022/1854 (Regulation (EU) 2022/1854 of 6 October 2022)
      statute
    • German Annual Tax Act 2022
      statute

    6 months and 21 days later · 205 days

  6. 13 February 2025Arbitration

    13 February 2025Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization, schedule, modality, participant arrangements, evidence presentation, recording, transcription, confidentiality, and related directions for the hearing on bifurcation.

    Supporting details

    5 participants
    Elisabeth Liang
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurelia Antonietti

    1 month and 26 days later · 54 days

  7. 8 April 2025Arbitration

    8 April 2025Arbitration

    Decision on Respondents' Request for Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    By majority, the Tribunal dismissed the Respondents' Request for Bifurcation, directed the Parties to follow Scenario 2 of the procedural timetable in Procedural Order No. 1, and reserved the costs of the application.

    Supporting details

    1 authority · 3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull

    Authorities cited

    1
    • Energy Charter Treaty of 17 December 1994
      statute

    8 months and 2 days later · 246 days

  8. 10 December 2025Arbitration

    10 December 2025Arbitration

    Procedural Order No. 4 on Document Production

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the document-production requests as indicated in the annexed Stern Schedules, directed production of documents ordered under Procedural Order No. 1 by 7 January 2026, and reserved the costs of document production.

    Supporting details

    1 authority · 5 participants
    Elisabeth Liang
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurelia Antonietti

    Authorities cited

    1
    • 2020 IBA Rules on the Taking of Evidence in International Arbitration
      statute

    8 days later · 8 days

  9. 18 December 2025Arbitration

    18 December 2025Arbitration

    Procedural Order No. 5 on CAN Europe's Application to File a Written Submission as Non-Disputing Party

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed CAN Europe's application for permission to file a written submission as a non-disputing party, declined its request for access to redacted Memorials and Counter-Memorials, and ordered that CAN Europe and each Party bear their own costs.

    Supporting details

    2 authorities · 6 participants
    Climate Action Network Europe
    Elisabeth Liang
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurelia Antonietti

    Authorities cited

    2
    • Energy Charter Treaty of 17 December 1994
      statute
    • European Union Council Regulation 2022/1854 (Regulation (EU) 2022/1854 of 6 October 2022)
      statute

Matter record

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Klesch Group Holdings Limited and Raffinerie Heide GmbH v. Federal Republic of Germany (ICSID Case No. ARB/23/49) · Matter