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]

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.