The arbitration is being conducted in Toronto, Canada, under the United Nations Commission on International Trade Law (UNCITRAL) rules and is administered by the Permanent Court of Arbitration.
This briefing follows a decision by the European Court of Justice (ECJ) nearly two years ago that revived Nord Stream 2’s parallel court challenge to the amendment. The directive in question requires gas producers to be independent from the companies controlling pipelines.
Nord Stream 2 AG contended in its February brief to the UNCITRAL tribunal that the ECJ’s decision clarifies that the directive specifically targets Nord Stream 2, attributing this discriminatory treatment to the EU rather than individual member states like Germany.
“Simply put: the ECJ judgment and the ECJ opinion provide the tribunal with everything it needs for the correct understanding and interpretation of the amending directive,” the brief asserted.
Representatives and counsel for the parties could not be reached for comment outside business hours in Europe on Friday.
