Nord Stream 2 AG v. The European Union

On 26 September 2019, Nord Stream 2 AG commenced arbitration proceedings against the European Union pursuant to Article 3 of the UNCITRAL Rules and Article 26(4)(b) of the Energy Charter Treaty in relation to an investment in the oil and gas sector.


Case information

Name(s) of Claimant(s) Nord Stream 2 AG (Private entity )
Name(s) of Respondent(s) The European Union (International organization )
Names of Parties -
Case number 2020-07
Administering institution Permanent Court of Arbitration (PCA)
Case status Pending
Type of case Investment arbitration
Subject matter or economic sector Oil and gas
Procedural rules UNCITRAL Arbitration Rules 1976
Treaty or contract under which proceedings were commenced

Multilateral treaty
Energy Charter Treaty (ECT)

Language of Proceeding English
Seat of Arbitration (by Country) Canada
Arbitrator(s), Conciliator(s), Other Neutral(s)

Professor Ricardo Ramírez Hernández (Presiding Arbitrator)
Professor Philippe Sands QC
Justice David Unterhalter SC

Representatives of the Claimant(s)

Barbara Kaech
Sasa Beljin
Nord Stream 2 AG

 

Professor Dr. Kaj Hobér
3 Verulam Buildings

Representatives of the Respondent(s)

Legal Service of the European Commission

 

Christophe Bondy
Steptoe & Johnson (UK) LLP

Representatives of the Parties
Number of Arbitrators in case 3
Date of commencement of proceeding 26 September 2019
Date of issue of final award -
Length of Proceedings Pending
Additional notes -

Documents

Notice of Arbitration
Request for Amicable Settlement
Notice of Arbitration
Response to Notice of Arbitration
Written submission
Claimant's Memorial
Respondent's Memorial on Jurisdiction & Request for Bifurcation
Claimant's Response to the EU's Request for Bifurcation
Respondent's Counter Memorial on the Merits
Claimant's Reply Memorial & Counter-Memorial on Jurisdiction
Respondent's Rejoinder on Merits & Reply on Jurisdiction
Claimant’s Supplementary Memorial on Jurisdiction and Merits
Respondent's Supplementary Counter-Memorial on Jurisdiction and Merits
Claimant’s Supplementary Rejoinder on Jurisdiction and Merits
Procedural Documents
Letter from the PCA
Terms of Appointment
Letter from the PCA
Procedural Order No. 1
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No 5
Procedural Order No 6
Procedural Order No. 7
Prodecural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Procedural Order No. 11
Procedural Order No. 12
Appointing Authority Actions
Decision on the Challenge to Mr. Peter Rees QC