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In recently-released discontinuance order, RWE v. Netherlands tribunal finds respondent’s request for costs “inherently contradictory” with decision to seek German anti-arbitration injunction

February 19, 2024Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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[Updated] RWE requests discontinuance of coal phase-out ECT claim against the Netherlands, in view of German Supreme Court’s ruling on anti-intra-EU-arbitration declarations

November 2, 2023Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: ICSID tribunal in RWE v. Netherlands decides, albeit “with some hesitation”, to reject request for provisional measures aimed at halting parallel German court proceedings

September 9, 2022Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Interim Measures Decisions, Intra-European Union
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Analysis: Tribunal hearing Dutch coal phase-out dispute declines to bifurcate intra-EU objection and ancillary claim that the Netherlands has breached ICSID exclusivity by lodging parallel German proceedings

March 21, 2022Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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[Updated with document] European Commission addresses compatibility of ICSID Convention with EU law for the purpose of intra-EU arbitrations

November 22, 2021Energy Charter Treaty, Energy Disputes, EU External Investment Policy, ICSID (World Bank), Intra-European Union
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Analysis: Lotus Holding v. Turkmenistan tribunal finds that the claimant only articulated contract claims belonging to a third party, and it dismisses the case at an early stage

April 10, 2020Energy Charter Treaty, Energy Disputes, ICSID (World Bank)
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