Vattenfall’s challenge to Germany’s opt-out from nuclear power is getting a lot of public attention. Vattenfall’s earlier case aganist Germany, commenced in 2009 over environmental restrictions for a coal-fired power plant in Hamburg, is often cited as an example that investment treaty arbitration lacks transparency. Not so this time: Last week, ICSID announced that the parties have agreed to make the hearing open to the public. Continue reading
This is from last week’s press release issued by the European Commission: “The European Union today took an important step towards creating a comprehensive EU investment policy, with the publication of a Regulation setting out a new set of rules to manage disputes under the EU’s investment agreements with its trading partners. The rules – set out in the Regulation on financial responsibility under future investor-to-state disputes – are a necessary component of a common EU investment policy. Continue reading
In the ICSID arbitration commenced by Vattenfall against Germany as a result of Germany’s nuclear opt-out, the tribunal has been constituted in December 2012. Albert Jan van den Berg (Netherlands) is the Chairman, and the party-appointed arbitrators are Vaughan Lowe (England) and Daniel M. Price (United States).