Will Greentech be one of the last awards to reject the intra-EU objection? (Greentech Energy Systems v Italy)

Table of contents

• What are the practical implications of this award?
• What was the background?
• What did the tribunal decide?
• Jurisdiction
• Merits

Article summary

Arbitration analysis: Despite the European Commission having signalled its desire to see an end to intra-EU investor-state arbitration, the award in Greentech Energy Systems v Italian Republic again demonstrates disagreement among arbitral tribunals, even in the wake of Slovakia v Achmea. Paul Baker, senior associate at Clyde & Co’s Global Arbitration Group, explains the tribunal’s findings and suggests that the wider issues are far from resolved.