Nord Stream 2 AG v The European Union - PCA Case No 2020-07 - Request for Amicable Settlement - 12 April 2019
1. Introduction and Parties to the Dispute
1. Nord Stream 2 AG (the "Claimant" or "NSP2AG"), a company incorporated in Switzerland, hereby serves this Notice of Arbitration (the "Notice") on the European Union (the "Respondent" or the "EU") in accordance with Article 3 of the Arbitration Rules of the United Nations Commission on International Trade Law 1976 (the "UNCITRAL Rules") and Article 26(4)(b) of the Energy Charter Treaty (the "ECT"). 1 NSP2AG has duly authorised the undersigned to institute and pursue the present arbitration proceedings on its behalf.2 The Notice comprises this submission plus Claimant's Exhibits C-1 to C-12 and CL-1 to CL-7 (factual exhibits are referred to as "C-[·]" and legal exhibits are referred to as "CL-[·]").
2. This Notice concerns a dispute for the purposes of Article 26 of the ECT (the "Dispute") between NSP2AG and the EU arising under the ECT.
3. NSP2AG seeks a declaration of breach and injunctive relief (and reserves the right to seek, in addition or in the alternative, pecuniary compensation) arising out of the EU's breaches of the ECT in connection with the EU's discriminatory introduction and enactment of Directive (EU) 2019/692 (the "Amending Directive"),3 amending Directive 2009/73/EC of 13 July 2009 concerning common rules for the internal market in natural gas (the "Gas Directive" or "Third Gas Directive"),4 and the consequent impact of the Amending Directive on NSP2AG.
4. The Claimant demands, pursuant to Article 3(3)(a) of the UNCITRAL Rules, that the Dispute which has arisen between NSP2AG and the EU be referred to arbitration under Article 26(4) of the ECT.