Achmea, Arbitration Proceedings, Climate change, Energy Charter Treaty, International arbitration, Investment Arbitration, ISDS, Netherlands, Paris Agreement
The Netherlands Coal Phase-Out and the Resulting (RWE and Uniper) ICSID Arbitrations
Western European countries have taken divergent approaches to dealing with the consequences of shutting down power plants while transitioning towards cleaner energy sources. On one side, Germany resolved the resulting compensation disputes by making settlement payments to the owners of affected nuclear and coal power plants. In contrast, the Netherlands appears reluctant to similarly compensate…