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

International comity concerns are not sufficient to prevent enforcement of ICSID award

Act of state doctrine does not apply since there is no need for the court to rule on the validity of the EU state aid investigation

Forum non conveniens doctrine does not apply to enforcement of ICSID awards, and would in any event not militate for dismissal of the case

Award is entitled to full faith and credit

Court has subject-matter jurisdiction since FSIA’s arbitration exception applies

Court declines Spain’s request for a stay of the enforcement action, noting the EU state aid proceedings are irrelevant and US appeals in related cases have been resolved

Background: Japanese investor brings ICSID/ECT award against Spain for enforcement

Tribunal reveals that, in parallel case, Denmark chose to suspend the solidarity contribution pending the ICSID arbitration

Tribunal orders that Germany shall refrain from demanding payment of the 2022 solidarity contribution

Putting the solidarity contribution for 2022 on hold through provisional measures would not disproportionately affect Germany

Requested measures are urgent, as solidarity contribution for 2022 is due imminently

Provisional measures are necessary to protect the status quo, absent sufficient assurances by Germany

Provisional measures are necessary to protect the claimants’ right of exclusivity under the ICSID Convention

Provisional measures are necessary if party would incur very serious harm without them

Test for prima facie merits case is relatively undemanding, and met in the circumstances

Arbitrators will rule on whether ECT’s tax carve-out applies to the case once jurisdictional challenges have been raised

Arbitrators see need for prima facie jurisdiction and prima facie merits case, despite silence of 2022 Rules on the issue

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