Summary

Source: icsid.worldbank.org

On 25 March 2025, an application (the "NDP Application") for permission to file a written submission (the "NDP Submission") in this proceeding pursuant to ICSID Arbitration Rule 67(1) was filed by the Cornell Law School's Transnational Disputes Clinic, representing the following individuals or entities: Professor C. Lindsay Anderson; Professor Allison M. Chatrchyan; Professor Robert W. Howarth; Professor Miranda A. Schreurs; Professor Leehi Yona; and the Environmental Law Center at the University of Cologne (the "NDP Applicants"). The NDP Application was transmitted to the Parties and the Tribunal the following day.

The NDP Applicants are four academics at Cornell University, one academic at the Technical University of Munich, and one academic centre based at the University of Cologne, who are experts on the global effects of fossil fuel emissions on the climate, as well as international and domestic efforts to address these effects in law and policy. They argue that they can provide a perspective grounded in climate science and international environmental norms that can assist the Tribunal in its application of investment law to resolve the current dispute.

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V. ORDER

29. On the basis of the foregoing, the Tribunal makes the following decisions:

i. The NDP Applicants' request to submit the NDP Submission is granted, as limited in subparagraph (ii) below;

ii. The NDP Submission shall be (a) limited in scope to addressing only "the climate science. .. and the international environmental laws and standards that were in place in the time leading up to AET's investment" as referenced in paragraph 22 of the Application; and (b) limited in length to 30 pages (letter sized, double-spaced, Times New Roman font, pt 12);

iii. The NDP Submission shall be filed by Monday 16 June 2025; and

iv. The NDP Applicants' other requests are dismissed.