DY Chandrachud Appointed as Appointing Authority in Wintershall-Russia Arbitration
Former Chief Justice of India, Dr. DY Chandrachud, has been appointed as the appointing authority in the international arbitration between German energy company Wintershall Dea and the Russian Federation. The arbitration is being conducted under the framework of the Energy Charter Treaty (ECT), following Russia’s alleged expropriation of Wintershall’s energy investments in Western Siberia.
Role and Responsibilities
As appointing authority, Dr. Chandrachud is responsible for resolving procedural matters involving the composition of the arbitral tribunal. His responsibilities include adjudicating pending challenges to the two currently appointed arbitrators and appointing a third arbitrator if necessary. Importantly, this role does not involve determining the outcome of the dispute, but rather ensuring that the tribunal is formed properly and functions within the framework of international law.
His appointment comes after the resignation of the previous authority, Mexican lawyer Eduardo Siqueiros, on May 22, 2025.
Background of the Dispute
The core of the dispute lies in Russia’s December 2023 decrees that transferred Wintershall’s stakes in major joint ventures—such as the Yuzhno-Russkoye gas field and the Achimov project—to newly formed Russian entities. These assets were subsequently offered to a Gazprom subsidiary. Wintershall claims this was an unlawful expropriation, violating both the ECT and the bilateral investment treaty between Germany and Russia.
The company has initiated arbitration proceedings seeking redress, asserting that the seizure of its assets constitutes a breach of its protected investor rights.
Procedural Developments
In response to legal threats from Russian courts, Wintershall sought an anti-suit injunction from the ECT tribunal in April 2025. While Russia proposed a mutual suspension of proceedings, one arbitrator resigned due to Moscow’s failure to guarantee immunity for the tribunal members and legal representatives. The remaining tribunal members resumed proceedings on May 24, 2025, and directed Russia to withdraw its domestic actions.
Dr. Chandrachud’s entry into the proceedings is expected to stabilize the arbitration process and address the impasse around tribunal appointments.
Significance of the Appointment
Dr. Chandrachud served as the 50th Chief Justice of India from 2022 to 2024, where he was known for judicial reforms and landmark constitutional rulings. His involvement in this high-stakes international arbitration lends credibility and procedural rigor, reinforcing confidence in the neutrality of the process. His selection is seen as a recognition of India’s growing stature in global legal and arbitration circles.
