Nord Stream 2 accuses the EU of politicising the dispute

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EU submits that tribunal has no power to order disapplication of Gas Directive as a matter of restitution

Respondent reiterates that initiation of CJEU proceedings triggered fork-in-the-road clause

Even if they were discriminatory, actions would be justified based on ECT’s public order and security exceptions, according to EU

Respondent objects to alleged discriminatory treatment under Amending Directive

CJEU’s judgment was limited to matters of admissibility and does not support claimant’s position, the EU argues

Stop of claimant’s activities was not caused by EU legislation, says the EU

EU argues that Nord Stream 2 ignores overall context resulting from Russia’s invasion of Ukraine

Tribunal declines Germany’s request for an order directing claimants to waive confidentiality of their tax documents

ICSID AF tribunal’s award and decisions stemming will be published, while Denmark and Germany ICSID cases will require parties’ agreement for publication of award

EU arbitration is seated in Geneva; three cases remain separate, but are coordinated

Different causes of action exclude relevance of fork-in-the-road clause, claimant argues

Claim for denial of justice is put on hold

Claimant distinguishes impact of Amended Directive from sanctions adopted after Ukraine’s invasion

CJEU judgment supports claimant’s position, according to Nord Stream 2

Despite sanctions and financial breakdown, claimant stresses future potential to operate

Draft Decision to enter into force together with CETA’s investment chapter

Respondent shall give “sympathetic consideration” to request for expedited procedure if made by natural person or SME and claim is below given threshold

Damages determination is limited by parties’ pleadings

Right to regulate implies due consideration of climate change, essential security interests, and human rights

Expropriation requires radical deprivation of rights

List of elements of fair and equitable treatment is exhaustive

Familiar standards of protection, but legitimate expectations reference goes missing in final version of treaty

No mention of UNCITRAL Transparency Convention, but agreement offers similar level of transparency

Timelines are narrowed

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