Germany’s highest court has ruled in favor of three power companies in a dispute over a government decision to phase out nuclear energy. Vattenfall is also suing at the International Center for Settlement of Investment Disputes (ICSID).
The hearing on jurisdiction, merits and quantum in Vattenfall AB and others v. Federal Republic of Germany is scheduled to take place before a three-member arbitral tribunal from Monday, October 10, 2016 through Friday, October 21, 2016.
The German federal government has admitted that an EU country’s arts policies could lead to it being sued by foreign corporations before investor tribunals under trade agreements being negotiated with Canada and the US.
German Economy Minister Sigmar Gabriel has pledged to prevent any clauses in a US-EU trade deal that go against the ideals of his party, the Social Democrats - including protection clauses called for by the US.
A report authored by Prof. Dr. Siegfried Broß and recently published by the German Hans Böckler Stiftung concludes that the Investor-State-Dispute Settlement (ISDS) tribunals currently planned to be included in the TTIP and CETA free-trade agreements are not in accordance with Germany’s constitution.
As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the process fits within broader geopolitical developments, and offering potential models for moving forward.