Arbitration Links - Linklaters
  • Author: Kirstin Schwedt

Post-Achmea: Vattenfall tribunal maintains jurisdiction over intra-EU Energy Charter Treaty claim against Germany

13 September 2018 Kirstin Schwedt, Europe

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In a detailed decision, an ICSID tribunal hearing a dispute between Swedish Vattenfall and Germany over the state’s phase out of nuclear power in the wake of the Fukushima disaster (ICSID Case No. ARB/12/12) has maintained jurisdiction to hear the dispute under the Energy Charter Treaty (“ECT”). The decision follows objections raised by Germany after the Achmea-judgment of the Court of Justice of the European Union (“CJEU”). We have previously reported on implications of Achmea for ECT-claims and the European Commissions’ view of the Achmea-judgment here.

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The changing landscape of intra-EU investment protection: latest communication by the European Commission and other post-Achmea developments

31 July 2018 Kirstin Schwedt; Maximilian Reichert, Europe

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In the wake of the Court of Justice of the European Union’s (“CJEU”) judgment in Achmea, the European Commission recently communicated that “EU investors cannot invoke intra-EU BITs” or the Energy Charter Treaty (“ECT”) for intra-EU investments and advertised alternative remedies available under EU law. Meanwhile, ICSID tribunals have continued to render awards on intra-EU investment disputes and a court in Stockholm is considering a preliminary reference to the CJEU with respect to the ECT (for further background see our previous posts on Achmea here, here and here.) But even five months after Achmea and numerous contributions to the debate on its interpretation, the pivotal questions remain unanswered.

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New 2018 DIS Arbitration Rules – a modern, efficient and flexible frame-work for solving disputes

30 January 2018 Dr. Rupert Bellinghausen; Kirstin Schwedt, Germany

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The German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V. – DIS) has thoroughly revised its arbitration rules. The previous DIS Rules, which have been in force since 1998, functioned well in practice and are very popular in international agreements involving German parties. However, particularly in view of the reform projects of other national and international arbitration institutions, it was time to modernise the rules. Thanks to the revision, the DIS is even better positioned in competition with other arbitration institutions and even more so in competition with state courts.

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