Reproduced from www.worldbank.org/icsid with permission of ICSID.
INTRODUCTION AND THE PARTIES
1. This case concerns claims brought by (i) Mainstream Renewable Power Ltd, (ii) International Mainstream Renewable Power Limited, and (iii) Mainstream Renewable Power Group Finance Ltd, three private companies limited by shares incorporated in Ireland, and (iv) Horizont I Development GmbH, (v) Horizont II Renewable GmbH, and (vi) Horizont III Power GmbH, three limited liability companies incorporated in Germany (together, the "Claimants"), against the Federal Republic of Germany ("Germany" or the "Respondent"). The dispute was submitted by the Claimants to the International Centre for Settlement of Investment Disputes ("ICSID" or the "Centre") on the basis of the Energy Charter Treaty ("ECT") and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the "ICSID Convention").
2. The dispute arises out of regulatory measures taken by the Respondent regarding its wind energy regime, which allegedly affected the Claimants' wind energy projects, resulting in a loss to their investments.
3. This ruling concerns the Respondent's preliminary objection pursuant to Rule 41(5) of the ICSID Rules of Procedure for Arbitration Proceedings (the "ICSID Arbitration Rules").
126. In view of the above, the Tribunal determines as follows:
a. the Respondentís Application under ICSID Arbitration Rule 41(5) is denied;
b. both Partiesí requests that the Tribunal rule on jurisdiction are denied in the context of this Application; and
c. any decision as to costs is reserved.
On behalf of the Tribunal,
Ms. Wendy Miles QC
President of the Tribunal
Date: 18 January 2022