Transparency in investment arbitration, thanks to Vattenfall suing Germany over the nuclear power exit, has become a topic in the mainstream business press. A recent piece in the business weekly Wirtschaftswoche talked about “back room justice” (“Justitia verzieht sich ins Hinterzimmer”), citing the “Toll Collect” arbitration as an example. “Toll Collect” is not technically a case of treaty arbitration, but a multi-billion dispute about a public-private partnership between the German government and Daimler, Telekom und Cofiroute.
The 8th Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration is taking place on November 19, 2012. As allways, the event is being superbly organized by Alfred Escher and Jan Schäfer. Here’s a link to the full programme: Gesprächskreis Investitionsrecht und -schiedsgerichtsbarkeit 2012.
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
Russia is apparently planning to protect Russian enterprises and citizens from the interference of foreign court and arbitration tribunals. In Legal Tribune Online today, Christine Heeg and Thomas Weimann report on a rather astonishing speech to that effect, delivered by Anton Ivanov, Russia’s most senior commercial judge, at the St. Petersburg International Legal Forum 2012 last month. Continue reading