Arbitral Digest

Matter

ExxonMobil Petroleum & Chemical BV v. Kingdom of the Netherlands (ICSID Case No. ARB/24/44)

Case no.
ARB/24/44
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 17 September 2025Arbitration

    17 September 2025Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework for the arbitration, including application of the 2022 ICSID Arbitration Rules, Washington, D.C. as the place of proceeding, English as the procedural language, party representation, document production, and the procedural timetable.

    Supporting details

    6 participants
    ExxonMobil Petroleum & Chemical BV
    Kingdom of the Netherlands
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Izabela Chabinska
  2. 17 September 2025Arbitration

    17 September 2025Arbitration

    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 for the proceeding. The parties consented to publication of the Award subject to redactions, while written submissions, supporting documents, hearings, and hearing transcripts and recordings were not to be published by ICSID.

    Supporting details

    6 participants
    ExxonMobil Petroleum & Chemical BV
    Kingdom of the Netherlands
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Izabela Chabinska

    1 month and 14 days later · 44 days

  3. 31 October 2025Arbitration

    31 October 2025Arbitration

    Procedural Order No. 3: Decision on the Claimant's First Application for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found prima facie jurisdiction and a prima facie case on the merits. It recommended that the Netherlands request suspension of the Antwerp Proceedings until the Tribunal ruled on jurisdiction and report on related developments before 31 December 2025; it reserved costs.

    Supporting details

    6 participants
    ExxonMobil Petroleum & Chemical BV
    Kingdom of the Netherlands
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Izabela Chabinska
  4. 31 October 2025Arbitration

    31 October 2025Arbitration

    Procedural Order No. 4: Decision on the Claimant's Request for Interim Provisional Relief

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the request for an immediate order preventing future levies or payment demands under the Temporary Groningen Act. It granted EMPC leave to apply for immediate suspension if the 2025 levy were issued and enforced before the Tribunal decided the Second Application, and reserved costs.

    Supporting details

    1 authority · 7 participants
    ExxonMobil Petroleum & Chemical BV
    Kingdom of the Netherlands
    Nederlandse Aardolie Maatschappij BV
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Izabela Chabinska

    Authorities cited

    1
    • Temporary Groningen Act of the Netherlands (Temporary Groningen Act (2020), as amended)
      statute

    1 month and 23 days later · 54 days

  5. 24 December 2025Arbitration

    24 December 2025Arbitration

    Procedural Order No. 5: Decision on the Claimant's Second Application for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the request to prohibit future levies or payment demands under the Temporary Groningen Act. The requested undertaking and request for an order to comply with Articles 53 and 54 of the ICSID Convention were moot because the Netherlands had provided sufficient legally binding assurances; the alternative escrow request was denied and costs were reserved.

    Supporting details

    1 authority · 7 participants
    ExxonMobil Petroleum & Chemical BV
    Kingdom of the Netherlands
    Nederlandse Aardolie Maatschappij BV
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Izabela Chabinska

    Authorities cited

    1
    • Temporary Groningen Act of the Netherlands (Temporary Groningen Act (2020), as amended)
      statute

    1 month and 11 days later · 42 days

  6. 4 February 2026Arbitration

    4 February 2026Arbitration

    Procedural Order No. 6: Decision on the Claimant's Request for Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the proceedings bifurcated into a first phase addressing liability, including any unlawful elements of the Netherlands' Payment Demands, and a subsequent phase, if necessary, addressing damages, including principles, assessment, and calculation of quantum. The order was without prejudice to jurisdictional and admissibility objections, and the procedural timetable was revised.

    Supporting details

    7 participants
    ExxonMobil Petroleum & Chemical BV
    Kingdom of the Netherlands
    Nederlandse Aardolie Maatschappij BV
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Izabela Chabinska
  7. Date not availableBelgium

    Date not availableBelgium

    Procedural order of the Antwerp Business Court in the Antwerp Proceedings

    Antwerp Business Court

    Decision summary
    The Antwerp Business Court adopted the Netherlands' proposed procedural calendar and refused to suspend the Antwerp Proceedings until the ICSID Tribunal first ruled on its jurisdiction.

    Supporting details

    2 participants
    Kingdom of the Netherlands
    ExxonMobil Petroleum & Chemical BV
    Antwerp Business Court

Matter record

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ExxonMobil Petroleum & Chemical BV v. Kingdom of the Netherlands (ICSID Case No. ARB/24/44) · Matter