This Procedural Order No. 1, issued by the ICSID tribunal, establishes the comprehensive procedural framework governing the arbitration between Smart Energy B.V. and PJSC Ukrgazvydobutok and Ukraine. The Order was issued following the tribunal's first session on 2 March 2026, and after considering the parties' comments on prior drafts.

Key Procedural Rules

The Order confirms that the proceedings will be governed by the ICSID Arbitration Rules in force as of 1 July 2022. It sets Paris, France, as the place of the proceeding and designates English as the procedural language. The Order details the protocols for all communications, the method for filing pleadings and supporting documents, and the numbering and submission of exhibits and legal authorities. It also confirms the proper constitution of the Tribunal and the appointment of an assistant to the President.

Evidence and Document Production

The Order establishes a detailed framework for the production of documents, incorporating a schedule for requests, objections, and responses, and providing for the submission of disputes to the Tribunal via a Stern schedule. The Tribunal notes it may refer to the IBA Rules on the Taking of Evidence (2020) as guidance. The Order also sets forth the requirements for the content and submission of witness statements and expert reports, and outlines the procedures for the examination and cross-examination of witnesses and experts at the hearing.

Procedural Calendar and Future Steps

A detailed Procedural Calendar is attached as Annex B, setting out the deadlines for all written submissions. The Order also provides for pre-hearing organizational meetings, case management conferences, and the conduct of the hearing itself, which may be held in-person, remotely, or in a hybrid format. Transparency matters are deferred to a separate Procedural Order No. 2.