Procedural Background

This Procedural Order No. 3 (Consent Order) memorializes an agreement reached between Enwell Energy plc and Ukraine regarding the Claimant’s application for provisional measures. Following the Tribunal’s earlier Decision on Temporary Measures dated 10 April 2026, the Parties informed the Tribunal on 20 June 2026 that they had successfully negotiated an agreement on interim measures. Consequently, the Claimant withdrew its application and requested that the scheduled hearing be vacated and the prior decision be replaced by a formal consent order.

Tribunal's Decision and Operative Directions

Acting pursuant to its authority under ICSID Arbitration Rule 47, the Tribunal accepted the Parties' agreement. The Tribunal formally noted the withdrawal of the Claimant’s application and vacated both the scheduled hearing and its prior Decision on Temporary Measures, rendering the latter without effect from the date of this Order.

In its operative directions, the Tribunal ordered both Parties to provide four days’ written notice to the Tribunal and opposing counsel of any new proceedings or material changes in existing proceedings that might affect the Claimant’s rights concerning its Ukrainian subsidiaries or the integrity of the arbitral proceedings. Specifically, the Respondent is required to provide such notice regarding any request by the Prosecutor General to transfer control of the Claimant’s subsidiaries to the Ukrainian National Agency for Detection, Search and Management of Assets (ARMA), or any new application by the Security Service of Ukraine (SSU). Finally, the Tribunal reminded the Parties of their continuing obligation to litigate in good faith and to refrain from taking any actions that might aggravate the dispute.