Summary

Source: icsid.worldbank.org

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9. On 20 June 2026, the Claimant informed the Tribunal via email that the Parties had reached an agreement whereby the Claimant's Application will be withdrawn, the Tribunal's Decision vacated, and a Procedural Order issued memorializing the Interim Measures agreed by the Parties. The Claimant accordingly requested that the hearing on the Claimant's Application, scheduled for 29 June 2026, be vacated.

10. Later that day, the Respondent confirmed its agreement with the Claimant's email of 20 June 2026.

III. ORDER

11. The Tribunal, having considered the agreement reached by the Parties on Interim Measures,

which is acceptable to the Tribunal, hereby:

(i) Takes note of the Claimant's withdrawal of the Application;

(ii) Vacates the hearing on the Claimant's Application scheduled for 29 June 2026.

(iii) Vacates the Tribunal's Decision, which shall produce no effects from the date of issuance of this Procedural Order;

(iv) Requires both Parties to keep the Tribunal and opposing counsel informed, by way of four days' written notice, of any new proceedings or any material change in any existing proceedings which might affect the Claimant's rights in relation to its Ukrainian Subsidiaries or the integrity of the arbitration. In particular, the Respondent shall provide four days' written notice to the Tribunal and to the Claimant of:

(a) any request by the Prosecutor General to transfer control of the Claimant's Ukrainian Subsidiaries to ARMA; and

(b) any new SSU application or request made as part of the SSU Cases; and

(v) Reminds both Parties of their obligation to litigate in good faith and refrain from aggravating the dispute.

12. This Order remains subject to the Tribunal's authority and powers under ICSID Arbitration Rule 47.

It is so ordered.

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