Dear readers, thank you for your interest in this blog during the last year! Let me start 2017 by wishing all of you a happy New Year, both professionally and privately. Also, I would like to take the opportunity to look back at 2016. Continue reading
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
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).
Vattenfall, the Swedish energy group, have not only commenced, as reported before, investment treaty arbitration against the Federal Republic of Germany under the Energy Charter to pursue damages suffered as a result of Germany’s nuclear energy opt-out. In addition, Vattenfall has now joined the German nuclear operators in bringing a constitutional complaint (Verfassungsbeschwerde) and challenging the respective legislation before the Federal Constitutional Court (Bundesverfassungsgericht). Continue reading