Former Chief Justice of India DY Chandrachud takes on a pivotal role in the high-profile arbitration between German energy firm Wintershall and Russia, under the Energy Charter Treaty framework. Discover the latest updates on this international energy dispute and its impact.

Introduction: DY Chandrachud’s Crucial Role in Energy Arbitration

In a significant development in the ongoing arbitration between German energy company Wintershall and Russian entities, former Chief Justice of India DY Chandrachud has been appointed as the appointing authority under the Energy Charter Treaty (ECT). This treaty facilitates cooperation and dispute resolution in the global energy sector.

Background: The Energy Charter Treaty and Arbitration Dispute

The Energy Charter Treaty is a multilateral agreement designed to encourage collaboration and provide a legal framework for energy investments and disputes. The arbitration between Wintershall and Russia has been highly complex, involving multiple legal challenges and procedural developments.

Appointment of DY Chandrachud as Appointing Authority

Following the resignation of Eduardo Siqueiros on May 22, 2025, DY Chandrachud, known for his expertise in constitutional law and international legal philosophy, was chosen to fill this crucial position. His role includes appointing arbitrators and overseeing the integrity of the arbitration process under the Permanent Court of Arbitration (PCA) regulations.

Recent Developments in the Wintershall-Russia Arbitration

Suspension and Anti-Suit Injunctions

In April 2025, Wintershall sought an anti-suit injunction to halt Russian court proceedings that conflict with the arbitration. Russia responded by requesting a suspension of arbitration proceedings and proposed a pause in the Russian courts as well.

Procedural Orders and Tribunal Challenges

• May 2025: The truncated ECT tribunal conditionally suspended arbitration pending Russia’s termination of injunction proceedings.

• May 24, 2025: The arbitrators ordered Moscow to immediately cease injunction actions to protect the arbitration’s integrity.

• One arbitrator resigned following Russia’s refusal to comply with demands related to immunity and injunction termination.

Ownership Disputes and Arbitration Seat Relocation

Since December 2023, Russian government decrees transferred Wintershall Dea’s stakes in key gas fields like Yuzhno-Russkoye field to Russian companies such as Gazovyye Tekhnologii (no Wikipedia link available). Wintershall challenged these moves through arbitration, while Russia insisted disputes be settled in Russian courts.

Wintershall also requested shifting the arbitration seat from Dubai to London, but the decision is postponed pending tribunal reconstitution or resolution of Russia’s challenge against two arbitrators.

Why DY Chandrachud’s Appointment Matters

The appointing authority under the Energy Charter Treaty plays a critical role in ensuring fair formation of the arbitral tribunal and upholding international arbitration standards. DY Chandrachud’s appointment underscores the importance of seasoned legal minds in resolving complex international energy disputes and protecting investors’ rights.

Conclusion: Looking Ahead in the Wintershall-Russia Arbitration

As DY Chandrachud takes on this influential role, the arbitration between Wintershall and Russia enters a pivotal phase. The outcomes will likely influence international arbitration practices in the energy sector and set precedents for future investor-state disputes.