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Energy Charter Treaty Case

Germany.  27 July 2023 .

Published online by Cambridge University Press:  25 April 2025

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Abstract

Arbitration — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (“ICSID Convention”) — Energy Charter Treaty, 1994 — Article 26 — Arbitration proceedings initiated against a Member State of the European Union under ICSID Convention for violation of Energy Charter Treaty — Intra-EU arbitration — Where arbitration initiated under ICSID by entity registered within EU Member State against another EU Member State — Compatibility of ICSID Convention and Energy Charter Treaty with EU law — Primacy of EU law — Whether ICSID tribunal part of court system of EU — Whether Article 26 of Energy Charter Treaty applicable in intra-EU arbitral proceeding — Whether EU Member States must have capacity to review arbitral proceedings that consider EU law — Whether German courts can review arbitral proceedings initiated under ICSID

Relationship of international law and municipal law — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Energy Charter Treaty, 1994 — Treaty on the Functioning of the European Union, 2007 — Arbitration proceedings initiated against European Union Member State under ICSID Convention for violation of Energy Charter Treaty — Intra-EU arbitration — Where arbitration initiated under ICSID by entity registered within EU Member State against another EU Member State — Compatibility of ICSID Convention and Energy Charter Treaty with EU law — Primacy of EU law — Whether ICSID tribunal part of court system of EU — Whether Article 26 of Energy Charter Treaty applicable in intra-EU arbitral proceeding — Whether EU Member States must have capacity to review arbitral proceedings that consider EU law — The law of Germany

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2025

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