We advised a German photovoltaic investor in a dispute against an EU Member State following the cancellation of a previously approved solar energy project after a shift in national energy policy towards nuclear power. The matter was governed by the Energy Charter Treaty and conducted under SCC rules with Stockholm as the seat of arbitration.
The case required strategic handling of pre-arbitration negotiations with governmental authorities, including multiple rounds of discussions at ministerial level. Particular complexity arose from the need to demonstrate bad faith and irrationality in negotiations (culpa in contrahendo) in order to substantiate potential claims arising from the policy shift.
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