Mainstream Renewable Power Ltd and others v Federal Republic of Germany - ICSID Case No. ARB/21/26 - Procedural Order No 5 - Decision on the EC's Application to Intervene as a Non-Disputing Party - 1 February 2023
Reproduced from www.worldbank.org/icsid with permission of ICSID.
63. Having considered the EC's Application and the Parties' Observations, and for the reasons stated above, the Tribunal decides and orders as follows:
a. the EC's request to intervene is granted on the following basis:
i. the EC's intervention is limited to one written submission no longer than 30 pages;
ii. the written submission shall address the single issue whether or not, from the EC's perspective, Article 26 of the Energy Charter Treaty, properly construed, applies intra-EU in general, and in the relationship between the Federal Republic of Germany and the Republic of Ireland, in particular, so that the Arbitral Tribunal lacks jurisdiction; and
iii. the written submission is due on or before 30 March 2023;
b. the EC's request to access the case file is denied;
c. the EC's request to attend the hearing is denied;
d. the Claimants' request that the EC bear the costs arising out of its intervention at the time of this Order is denied; and
e. all costs in the arbitration are otherwise reserved.
64. This Order shall be communicated to the Agents designated by the EC who shall not communicate it to third parties or make use of it outside the present proceeding. On behalf of the Tribunal,