Clifford Chance

ICSID arbitration tribunal rejects Achmea objection in Vattenfall nuclear phase-out case

7 September 2018

In one of the most prominent and politically contentious arbitration proceedings concerning Germany's energy turnaround (the so-called "Energiewende"), an ICSID arbitration tribunal has recently held that EU law does not operate as a barrier to its jurisdiction. It explicitly rejected the argument that the Energy Charter Treaty is not applicable between EU member states following the Achmea decision of the European Court of Justice.

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