Arbitral Digest

Matter

Klesch Group Holdings Limited & others v. European Union (ICSID Case No. ARB(AF)/23/1)

Case no.
ARB(AF)/23/1
Seat
Switzerland
Applicable rules
ICSID Additional Facility Arbitration Rules in force as of July 1, 2022
  1. 14 June 2024Switzerland

    14 June 2024Switzerland

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural rules governing the arbitration, including the procedural timetable, document production, hearings, and other case-management arrangements, and confirmed Geneva, Switzerland as the seat.

    Supporting details

    3 authorities · 9 participants
    Klesch Group Holdings Limited
    European Union
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurélia Antonietti
    Institutional administrator
    Elisabeth Liang
    Institutional administrator
    Ayong Lim
    Institutional administrator
    Shay Lakhter

    Authorities cited

    3
    • ICSID Additional Facility Arbitration Rules 2022 (ICSID Additional Facility Arbitration Rules in force as of July 1, 2022)
      rules
    • 2020 IBA Rules on the Taking of Evidence in International Arbitration
      rules
    • Energy Charter Treaty
      treaty
  2. 14 June 2024Switzerland

    14 June 2024Switzerland

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the transparency and confidentiality regime for the proceeding, including publication and redaction arrangements for orders, decisions, and Awards and restrictions on publication of submissions, supporting documents, hearings, transcripts, and recordings.

    Supporting details

    2 authorities · 6 participants
    Klesch Group Holdings Limited
    European Union
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurélia Antonietti

    Authorities cited

    2
    • Energy Charter Treaty
      treaty
    • ICSID Additional Facility Arbitration Rules 2022 (2022 ICSID Additional Facility Arbitration Rules)
      rules

    7 months and 30 days later · 244 days

  3. 13 February 2025Switzerland

    13 February 2025Switzerland

    Procedural Order No. 3 on the Organization of the Hearing on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the bifurcation hearing scheduled for 19 March 2025 at the World Bank in Paris, including its hybrid format, agenda, time allocation, recording, transcription, and public-access arrangements.

    Supporting details

    1 authority · 7 participants
    Klesch Group Holdings Limited
    European Union
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurélia Antonietti
    Institutional administrator
    Elisabeth Liang

    Authorities cited

    1
    • ICSID Additional Facility Arbitration Rules 2022 (2022 ICSID Additional Facility Arbitration Rules)
      rules

    1 month and 26 days later · 54 days

  4. 8 April 2025Switzerland

    8 April 2025Switzerland

    Decision on 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 Procedural Order No. 1's timetable in the Three Arbitrations, and reserved the costs of the application without prejudice to future rulings on the claims.

    Supporting details

    4 authorities · 7 participants
    Klesch Group Holdings Limited
    European Union
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurélia Antonietti
    Institutional administrator
    Elisabeth Liang

    Authorities cited

    4
    • Energy Charter Treaty
      treaty
    • Regulation (EU) No 912/2014
      regulation
    • ICSID Additional Facility Arbitration Rules 2022 (Rule 54(2) of the ICSID Additional Facility Arbitration Rules 2022)
      rules
    • ICSID Arbitration Rules 2022 (Rule 44(2) of the ICSID Arbitration Rules 2022)
      rules

    8 months and 2 days later · 246 days

  5. 10 December 2025Switzerland

    10 December 2025Switzerland

    Procedural Order No. 4 on Document Production

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' document-production requests in the annexed Stern Schedules, ordered production of specified documents by 7 January 2026, and reserved the costs of the document-production phase.

    Supporting details

    2 authorities · 7 participants
    Klesch Group Holdings Limited
    European Union
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurélia Antonietti
    Institutional administrator
    Elisabeth Liang

    Authorities cited

    2
    • 2020 IBA Rules on the Taking of Evidence in International Arbitration
      rules
    • ICSID Additional Facility Arbitration Rules 2022 (2022 ICSID Additional Facility Arbitration Rules)
      rules

    8 days later · 8 days

  6. 18 December 2025Switzerland

    18 December 2025Switzerland

    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 to file a written submission as a non-disputing party in the Three Arbitrations. CAN Europe and each party were ordered to bear their own costs, and access to the redacted Memorial and Counter-Memorial was not granted.

    Supporting details

    4 authorities · 8 participants
    Climate Action Network Europe
    Klesch Group Holdings Limited
    European Union
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Aurélia Antonietti
    Institutional administrator
    Elisabeth Liang

    Authorities cited

    4
    • ICSID Arbitration Rules 2022 (2022 ICSID Arbitration Rules)
      rules
    • ICSID Additional Facility Arbitration Rules 2022 (2022 ICSID Additional Facility Arbitration Rules)
      rules
    • Regulation (EU) 2022/1854 of 6 October 2022
      regulation
    • Energy Charter Treaty
      treaty

Matter record

Report a correction

Klesch Group Holdings Limited & others v. European Union (ICSID Case No. ARB(AF)/23/1) · Matter