Ms Basya Klinger

Basya Klinger

Updates

Arbitration & ADR

Netherlands confronted with €1.4 billion ICSID claim in first Dutch investor-state arbitration
Netherlands | 25 February 2021

A German electricity generation company recently filed a request for arbitration against the Netherlands at the International Centre for Settlement of Investment Disputes. The application is based on the Dutch government's decision to phase out coal for electricity generation. The company has invoked an investor-state dispute settlement clause in the Energy Charter Treaty, which the European Union co-signed on behalf of the Netherlands. This marks the first investment arbitration against the Netherlands.

Third time lucky? The Hague Court dismisses Ecuador's defence against tribunal's non-pecuniary order
Netherlands | 04 February 2021

In the ongoing dispute between Ecuador and US energy multinational Chevron Corporation, The Hague District Court was again called upon to consider whether an award issued pursuant to the US-Ecuador bilateral investment treaty could be set aside. The ruling confirms The Hague court's positive view of investment arbitration and orders which are rather unconventional in such arbitration.