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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

Azienda Elettrica Ticinese

v.

Federal Republic of Germany

(ICSID Case No. ARB/23/47)

PROCEDURAL ORDER No. 7
On the Procedural Calendar

Members of the Tribunal
Sir Christopher Greenwood GBE, CMG, KC, President of the Tribunal
Mr. John Beechey CBE, Arbitrator
Prof. Campbell McLachlan KC, Arbitrator

Secretary of the Tribunal
Ms. Anna Holloway

21 November 2025

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1. The procedural calendar was set by the Tribunal in Procedural Order No. 2, dated 10 May 2025, and updated in Procedural Order No. 5, dated 2 August 2025, and Procedural Order No. 6, dated 19 October 2025.
2. Pursuant to the procedural calendar, on Monday 2 November 2025, the Tribunal and the Parties held a Case Management Conference (“CMC”), at which certain items set forth in the Tribunal’s agenda, circulated on Friday 31 October 31 2025, were discussed.
3. By the Tribunal’s directions of 7 November 2025, and the Parties’ agreement of 17 November 2025, which the Tribunal hereby approves, the following procedural points have been confirmed:
   1. Neither Party will be raising challenges with respect to the other Party’s document production or related privilege log.
   2. The Parties will provide an agreed chronology/ statement of facts to the Tribunal by 22 June 2026. The agreed chronology shall contain bare statements of fact, without quoting passages from documents. To the extent there are points of disagreement, the document should indicate only what that disagreement is (at a high level, and without including detailed argumentation), and provide references to the relevant passages in each party’s pleading where the parties’ respective positions on those facts are set forth. Without imposing an arbitrary page limit, the Tribunal encourages the parties to bear in mind that the utility of agreed chronologies is greatest where the focus is on material facts; the Tribunal would not expect a document to exceed 15 pages (and it may well be shorter). The agreed chronology/statement of facts shall be produced in accordance with the following procedure:
      1. One week after Claimant’s Reply on the Merits and Counter-Memorial on Jurisdiction, Claimant will provide a draft chronology / statement of facts, using the template attached as Annex B, to Respondent only (i.e., without copying the Tribunal or ICSID).
      2. One week after Respondent’s Rejoinder on the Merits and Reply on Jurisdiction, the Respondent will submit an updated / revised version of Claimant’s draft to Claimant only.
      3. Thereafter, the parties will consult in order to reach agreement on the joint document to be provided to the Tribunal by 22 June 2026 (i.e. four weeks after the preceding step).
   3. The Parties will submit an agreed list of issues for determination by 4 September 2026. The Tribunal is again not minded to impose a page limit, but emphasizes that the list should be concise, should not contain argumentation, and it would not expect the document to exceed 5 to 10 pages. To the extent that the parties are unable to agree on the list of issues for determination, each party may submit instead its own respective list of issues. (In that scenario, it would be helpful if the two lists could be shown in a single document, with columns, so that the Tribunal can see what issues for determination are agreed, and what are not.) the agreed list of issues shall be produced in accordance with the following

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procedure:

1. Four weeks after Claimant’s Rejoinder on Jurisdiction, the Parties will simultaneously exchange their respective list of issues for determination, using the template attached as Annex C.
2. The Parties will then consult with a view to consolidating the two lists into one, to be provided to the Tribunal by 4 September 2026. For this, they will endeavor, inter alia, to reach agreement on the issues to be determined by the Tribunal and on the wording of such issues of disagreement.

4. As regards quantum issues, the existing pleading structure and sequencing will be maintained.

4. For the sake of good order, the updated procedural calendar is set forth in full in Annex A to this order.

On behalf of the Tribunal,

[signed]

Sir Christopher Greenwood
President of the Tribunal

Date: 21 November 2025

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ANNEX A (PROCEDURAL CALENDAR)

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* per AR 31, additional CMCs can be scheduled in the procedural calendar

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ANNEX B

CHRONOLOGY / STATEMENT OF FACTS

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ANNEX C

ISSUES FOR DETERMINATION