Former Chief Justice DY Chandrachud Appointed in International Arbitration Between Wintershall Dea and Russia

Former Chief Justice of India, Dr. DY Chandrachud, has been appointed as the appointing authority in an international arbitration case between Wintershall Dea, a German energy company, and Russia. This arbitration has been filed under the Energy Charter Treaty (ECT).

The appointment comes after Mexican lawyer Eduardo Siqueiros, who was earlier handling this role, resigned.

🔍 What is the Case About?

Wintershall Dea has accused Russia of illegally taking over its investments in two major energy projects:

• Yuzhno-Russkoye gas field

• Achimov development project in Western Siberia

In December 2023, the Russian government issued orders transferring these investments to new Russian companies. These were later offered for sale to Gazovyye Tekhnologii, a company linked to Gazprom. Wintershall Dea believes these actions violated international agreements, including the Energy Charter Treaty and a separate treaty between Germany and Russia.

🛑 Russia’s Reaction:-

Russia’s General Prosecutor’s Office took legal action in the Moscow Arbitrazh Court. It filed a case not just against Wintershall Dea but also against:

• Its lawyers

• All three arbitrators involved in the case

The Russian court issued an order to stop the arbitration and warned that a fine of €7.5 billion could be imposed if the arbitration continued.

⚖️ What Will Justice Chandrachud Do?

As the appointing authority, Justice DY Chandrachud’s role is to handle procedural matters. He will not decide the case, but he will:

• Look into the challenge raised against two of the current arbitrators

• Decide if a new third arbitrator needs to be appointed

• Make sure the tribunal is formed properly under the ECT rules

In May 2025, the two remaining arbitrators in the case decided to resume the proceedings and asked Russia to withdraw its legal actions in the Moscow court. Now, Justice Chandrachud will help take the next steps to move the arbitration forward.

🌍 What is the Energy Charter Treaty (ECT)?

The ECT is an international agreement that protects energy-related foreign investments. It ensures:

• Fair treatment for investors

• No unfair or sudden changes by host governments

• Dispute resolution through international arbitration

This allows companies like Wintershall Dea to file legal cases directly against countries that break these rules.

👨‍⚖️ Who is Justice DY Chandrachud?

Justice DY Chandrachud was the 50th Chief Justice of India, serving from November 2022 to November 2024. During his time in office, he led several important reforms and gave judgments in key constitutional matters.

Now, even after his retirement, his knowledge and experience are being used at the international level, showing India’s growing role in global legal matters.

✅ Conclusion:-

This arbitration case between Wintershall Dea and Russia is not just about money—it involves international law, energy politics, and investment protection. With Justice Chandrachud stepping in as appointing authority, the case is expected to move forward fairly and as per the rules of international arbitration.

His role in this global matter highlights how Indian legal minds are now playing important parts in solving major international disputes.