Arbitration Links - Linklaters
  • Year: 2018
  • Month: September
  • Topic: Public International Law

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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