ICSID - International Centre for Settlement of Investment Disputes

10/21/2024 | Press release | Archived content

Procedural Order No. 3

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

  • Subject of Dispute:
    Coal power plant
  • Economic Sector:
    Electric Power & Other Energy
  • Instrument(s) Invoked: (i)
    ECT (Energy Charter Treaty)
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    Azienda Elettrica Ticinese (Swiss)
  • Respondent(s):
    Federal Republic of Germany (German)
  • Date Registered:
    October 20, 2023
  • Date of Constitution of Tribunal:
    March 13, 2024

  • Party Representatives

  • Claimant(s):
    Luther, Hamburg, Germany
  • Respondent(s):
    Federal Ministry for Economic Affairs and Climate Action, Berlin, Germany
    Aurelius Cotta, Frankfurt, Germany
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Pending
  • Latest Development:
    September 12, 2024 - The Tribunal issues Procedural Order No. 3 concerning transparency and confidentiality.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Claimant's Memorial on the Merits

Procedural Order No. 3

Available on the ICSID Website

Request for Arbitration (September 29, 2023)English (Original)

Procedural Order No. 1 (May 10, 2024)English (Original)

Procedural Order No. 2 (June 17, 2024)English (Original)

Claimant's Memorial on the Merits (July 26, 2024)English (Original)

Procedural Order No. 3 (September 12, 2024)English (Original)

(a) Original Proceeding

Date Development
October 20, 2023

The Acting Secretary-General registers a request for the institution of arbitration proceedings.

December 15, 2023

Following appointment by the Claimant, John Beechey (British) accepts his appointment as arbitrator.

December 30, 2023

Following appointment by the Respondent, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator.

March 13, 2024

Following appointment by his co-arbitrators pursuant to the parties' agreement, Christopher Greenwood (British) accepts his appointment as presiding arbitrator.

March 13, 2024

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by his co-arbitrators pursuant to the parties' agreement; John Beechey (British), appointed by the Claimant; and Campbell McLachlan (New Zealand), appointed by the Respondent.

April 19, 2024

The Tribunal holds a first session by video conference.

May 10, 2024

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

June 17, 2024

The Tribunal issues Procedural Order No. 2 concerning procedural matters.

September 12, 2024

The Tribunal issues Procedural Order No. 3 concerning transparency and confidentiality.