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

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Published on: 19 March 2019

Published by a LexisNexis Arbitration expert

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.

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