The new Kluwer Arbitration Blog post is out, with a strong GCILS contribution.
Interpreting Away Treaty Conflicts? Green Power, ISDS and the Primacy of EU Law is available here.
In this post, Federica Paddeu (Cambridge) and GCILS Director Christian J. Tams assess the recent Green Power award, which is prompting heated debates in investment law circles. The first arbitral award to give effect to the primacy of EU Law asserted forcefully in the CJEU’s Achmea and Komstroy judgments, Green Power is indeed a landmark.
Federica Paddeu and Christian J. Tams situate the decision, agree with its outcome but are not persuaded by the Tribunal’s reasoning – and suggest further reflection about the interaction between EU law and ISDS jurisdictional clauses.