Anne-Marie Doernenburg, Author at Kluwer Arbitration Blog

Achmea, CJEU, Germany, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS

RWE and Uniper: (German) Courts Rule on the Admissibility of ECT-based ICSID Arbitrations in Intra-EU Investor-State Disputes

Lars Markert, Anne-Marie Doernenburg (Nishimura & Asahi)/November 3, 2022October 26, 2022 /Leave a comment

On 1 September 2022, the Higher Regional Court of Cologne (“HRC Cologne”) issued two much-awaited decisions granting the Netherlands’ requests (see our report here) to have the German claimants’, RWE and Uniper, ECT-based ICSID arbitrations declared inadmissible pursuant to section 1032(2) of the German Code of Civil Procedure (“ZPO”) due to their intra-EU nature. As we reported,…

Achmea, Admissibility, Arbitration, Arbitration Proceedings, CJEU, Domestic Courts, Energy Charter Treaty, German law, Germany, ICSID, International arbitration, Investment Arbitration, Netherlands, UNCITRAL

RWE and Uniper: Can (German) Courts Assess the Jurisdiction of ICSID Arbitral Tribunals?

Lars Markert, Anne-Marie Doernenburg (Nishimura & Asahi)/July 11, 2021July 2, 2021 /1 Comment

The Achmea saga has taken yet another twist. In a recent communication to the Dutch Parliament, the Dutch Ministry of Economic Affairs and Climate disclosed that it initiated “anti-arbitration” proceedings before the German courts on 11 May 2021 to “avert” two ECT-based ICSID arbitrations brought against it by the German energy companies RWE and Uniper (“Communication”)….