On January 12, 2024, the arbitral tribunal in RWE AG and RWE Eemshaven Holding II v. Kingdom of the Netherlands (ICSID Case No. ARB/21/4) issued its order taking note of the discontinuance of the proceedings.
This was one of two cases, together with Uniper v. Kingdom of the Netherlands (ICSID Case No. ARB/21/22), in which claimants had initiated investment arbitration proceedings under the Energy Charter Treaty (“ECT”) against the Netherlands concerning measures implemented to phase out coal-generated power by 2030 . Both cases have been formally discontinued.
Initiated by German investors, the Netherlands sought recourse in the German courts before the tribunals were constituted. This procedural step--invoking provisions of Germany’s arbitration law--allowed for review by the national courts to determine the admissibility of the arbitration proceedings. Ultimately, Germany’s Federal Court of Justice affirmed the decisions of the Higher Regional Court of Cologne, confirming that these intra-EU arbitration proceedings were incompatible with EU law.
Dorieke Overduin led the legal representation on behalf of the Ministry of Economic Affairs and Climate Policy of the Netherlands, and collaborated with attorneys of NOERR, De Brauw Blackstone Westbroek and Foley Hoag LLP.
Relevant members
- Dorieke Overduin