Arbitral Digest

Matter

Smart Energy B.V. and PJSC Ukrgazvydobutok v. Ukraine (ICSID Case No. ARB/25/38)

Case no.
ARB/25/38
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 16 February 2026France

    16 February 2026France

    Decision on Interim Relief Application

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declined to grant the requested temporary relief at that stage, reminded both Parties not to aggravate the dispute, and required each Party to notify the Tribunal and the other Party of steps that might alter ownership or beneficial ownership of the assets concerned or affect access to relevant evidence. The decision was without prejudice to later provisional measures or interim relief.

    Supporting details

    2 authorities · 7 participants
    Smart Energy B.V.
    PJSC Ukrgazvydobutok
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Jara Minguez Almeida

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      Convention
    • ICSID Arbitration Rules in force from 1 July 2022 (2022 ICSID Arbitration Rules)
      Rules

    16 days later · 16 days

  2. 4 March 2026France

    4 March 2026France

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural rules governing the arbitration, confirmed the constitution of the Tribunal, appointed an Assistant to the President, established Paris, France as the place of the proceeding, and set procedures for submissions, evidence, hearings, confidentiality, and the procedural calendar.

    Supporting details

    2 authorities · 7 participants
    Smart Energy B.V.
    PJSC Ukrgazvydobutok
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Jara Minguez Almeida

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      Convention
    • ICSID Arbitration Rules in force from 1 July 2022 (2022 ICSID Arbitration Rules)
      Rules
  3. 4 March 2026France

    4 March 2026France

    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 proceedings. It provided for publication of the Award, orders, and decisions by ICSID subject to agreed or decided redactions, while written submissions, supporting documents, transcripts, and recordings would not be published unless the applicable regime changed.

    Supporting details

    2 authorities · 7 participants
    Smart Energy B.V.
    PJSC Ukrgazvydobutok
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Jara Minguez Almeida

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      Convention
    • ICSID Arbitration Rules in force from 1 July 2022 (2022 ICSID Arbitration Rules)
      Rules

    2 months and 3 days later · 64 days

  4. 7 May 2026France

    7 May 2026France

    Decision on the Claimants' Application for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimants' application for provisional measures, required both Parties to keep it informed of material changes in proceedings that might affect the Claimants' rights or the integrity of the arbitration, granted leave for a fresh application if circumstances materially changed, reminded both Parties to litigate in good faith and refrain from aggravating the dispute, and reserved costs to the Award.

    Supporting details

    6 authorities · 7 participants
    Smart Energy B.V.
    PJSC Ukrgazvydobutok
    Ukraine
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Zachary Douglas
    Tribunal secretary
    Jara Minguez Almeida

    Authorities cited

    6
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      Convention
    • ICSID Arbitration Rules in force from 1 July 2022 (2022 ICSID Arbitration Rules)
      Rules
    • Agreement on Promotion and Reciprocal Protection of Investments between the Kingdom of the Netherlands and Ukraine
      Treaty
    • Law of Ukraine on Sanctions
      Statute
    • Cyprus International Trusts Law
      Statute
    • European Convention on Human Rights
      Convention

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Smart Energy B.V. and PJSC Ukrgazvydobutok v. Ukraine (ICSID Case No. ARB/25/38) · Matter