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Vattenfall AB and ors v Germany, Decision on the Achmea issue, ICSID Case No ARB/12/12, IIC 1421 (2018), despatched 31st August 2018, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

Reporter(s)

Pierre-Baptiste Chipault

Vattenfall AB and ors v Germany, Decision on the Achmea issue, ICSID Case No ARB/12/12, IIC 1421 (2018), despatched 31st August 2018, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 February 2020

Whether it was timely to raise, for the first time after the exchange of post-hearing submissions, a jurisdictional objection based on a judgment of the European Court of Justice (‘ECJ’) rendered in the course of the arbitration proceedings.

Whether the solution of the Achmea judgment of the ECJ, rendered in respect of a bilateral investment treaty, also applied to the Energy Charter Treaty.

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