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Uniper v. the Netherlands

Filing Date: 2021
Reporter Info: ICSID Case No. ARB/21/22
Status: Withdrawn
Case Categories:
  • Suits against governments
    • Trade and Investment
      • Climate-justified measures
Jurisdictions:
  • International Centre for Settlement of Investment Disputes
Principal Laws:
  • Energy Charter Treaty
Summary:

On April 30, 2021, German energy company Uniper filed a dispute against the government of the Netherlands alleging that the government's plan to phase out coal by 2030 violates the Energy Charter Treaty.

In 2022, the German government decided to bail out and nationalize Uniper in order to deal with the major financial struggles faced by the company as a result of the energy price crisis and war in Ukraine. As part of the deal, Uniper agreed to withdraw the arbitration case against the Netherlands. A similar ICSID arbitration case by RWE against the Netherlands is still pending. Several national cases by RWE and Uniper against the Netherlands also exist.

At Issue: Whether the Netherlands' plan to phase out coal by 2030 violates the Energy Charter Treaty.
Case Documents:

No case documents are available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.