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Enwell Energy plc v. Ukraine, Procedural Order No. 1, June 5, 2026

5 Jun 2026
Enwell Energy plc v. Ukraine, ICSID Case No. ARB/25/41
View case details
Procedural Order No. 1
Document Details:
LISTED PARTICIPANTS
Procedural Order No. 1
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Stephan W. Schill
Respondent appointee
Jorge E. Viñuales
Tribunal/Panel chair
Lucinda A. Low
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Charles T. Kotuby, Erin Collins, Himmy Lui, Irina Nazarova, Georgios Petrochilos, Melissa Mourad, Scott Vesel, Isha Jain, Julia Sherman
Claimant's law firm
Respondent's counsel
Jessica Gladstone, Olga Hamama, Maria-Rosa Rinne, Liliia Havryshenko, Sofiia Ivantsiv, Moritz Keller, Polina Lehmann, Muhamed Tulic, Micha Schwartzshtein, Vlada Lemaic
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Govert Coppens
Tribunal assistant
Third-party funder
Entities
Enwell Energy plc, Three Crowns, Clifford Chance, Ukraine
Country
Print reporter
Document Summary
Procedural Order No. 1
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document is Procedural Order No. 1, issued by the Tribunal on June 5, 2026, following the first session held via video conference on May 20, 2026. The Order establishes the procedural framework governing the arbitration between Enwell Energy plc and Ukraine, conducted pursuant to the ICSID Arbitration Rules in force as of July 1, 2022.

Procedural Rules and Framework

The Tribunal confirmed its proper constitution and the availability of its members. The Order designates Paris, France, as the place of the proceeding, while permitting hearings to be held in person, remotely, or in a hybrid format. English is established as the procedural language, with provisions for the translation of documentary evidence and interpretation during hearings.

The Order details comprehensive protocols for the routing of communications and the submission of pleadings. It mandates electronic filing via an ICSID-hosted file-sharing platform, supplemented by hard copies for the Tribunal members. The Tribunal also established a framework for document production, utilizing the IBA Rules on the Taking of Evidence in International Arbitration (2020) as guidance and requiring the use of Stern schedules for disputed requests.

Witnesses, Experts, and Hearings

The Order outlines the procedures for the submission of witness statements and expert reports, emphasizing that all such evidence must accompany the written pleadings. It establishes the sequence for the examination of witnesses and experts during the oral phase, including direct examination, cross-examination, and re-examination, while granting the Tribunal complete control over the hearing process.

Operative Directions

The Tribunal adopted the Procedural Calendar set forth in Annex B, which contemplates multiple scenarios depending on whether the Respondent requests bifurcation of jurisdictional objections and whether such a request is granted. Furthermore, the Order incorporates provisions on transparency, data privacy, and cybersecurity, ensuring compliance with applicable data protection regulations throughout the arbitral proceedings.