56 Federation of German Industries Department for External Economic Policy Document dated November 2014. BMWi has not published an updated version. Bundesministerium für Wirtschaft und Energie (BMWi), Übersicht IFVs, 21 November 2014, . 103 Energy Charter, Members and Observers, via (accessed 23 July 2015). Year listed is the year the country signed the Energy Charter. 104 UNCTAD, Database of Investor-State Dispute Settlement (ISDS) (reduced version), (accessed 1 July 2015). The database includes cases that have been submitted to and including 2014. Cases that were filed after 2014 are therefore not included in the table. A case that is known, but not yet listed in the UNCTAD database is the action of the Stadtwerke München and other companies against Spain. The case was filed at ICSID on January 7, 2015. The underlying IIA is the Energy Charter Treaty. The applicant companies have built the solar thermal power plant, Andasol 3, in the Spanish province of Granada and commissioned it in September 2011. In the course of the sovereign debt crisis, the Spanish government first reduced the green electricity promotion in 2012 with retroactive effect and abolished it completely in 2013. This has so seriously affected the profitability of the power plant that the Münchner Stadtwerke have written off their purchase completely in the Summer of 2013, amounting to 64 million euros. The company now sues for compensation. The arbitral tribunal for this case has not yet been constituted. The process has not yet started. 105 Counting multiple claims by the same investor as separate cases. Where such scenarios arise, it is indicated in the table following the name of the German investor. 106 Luke Eric Peterson, “Early Investment Arbitrations against ‚Improper‘ Use of Environmental Laws Uncovered“,in: INVEST-SD: Investment Law and Policy Weekly News Bulletin, 5 January 2004, . 107 Sergey Ripinsky and Kevin Williams, “Case Summary: Mr. Franz Sedelmayer v The Russian Federation“, in: Damages in International Investment Law, November 2008, . 108 International Institute for Sustainable Development, International Investment Law and Sustainable Development: Key Cases from 2000-2010, edited by Nathalie Bernasconi-Osterwalder and Lise Johnson, p. 128-131. 109 International Centre for Settlement of Investment Disputes, Award: Fraport AG Frankfurt Airport Services Worldwide v. Republic of Philippines, ICSID Case No. ARB/11/12, p. 167, . 110 Elizabeth Whitsitt, “German Firm Fails to Pass Jurisdictional Hurdle in Claim Against Argentina; Decision Provokes Questions about the 102 BDI-Background Paper ISDS: Fears, Facts, Faultlines Scope and Applicability of MFN Protection“, IISD Investment Treaty News, 5 January 2009, (accessed 31 July 2015). 111 International Centre for Settlement of Investment Disputes, Decision on Annulment: Daimler Financial Services A.G. v. Republic of Argentina, ICSID Case No. ARB/05/1, p. 97 . 112 Thomson, Douglas. “Thailand Award Confirmed after Germany Files Amicus Brief”, in: Global Arbitration Review, 11 March 2015, (accessed 8 July 2015). 113 Investment Treaty Arbitration, Werner Schneider, Acting in His Capacity as Insolvency Administrator of Walter Bau Ag (In Liquidation) v. The Kingdom of Thailand, UNCITRAL (Formerly Walter Bau AG (in Liquidation) v. The Kingdom of Thailand), (accessed 8 July 2015). 114 Thomson, Douglas. “Thailand Award Confirmed after Germany Files Amicus Brief”, in: Global Arbitration Review, 11 March 2015, (accessed 8 July 2015). 115 International Institute for Sustainable Development, Investment Treaty News (ITN), 17 January 2008, (accessed 13 August 2015). 116 Olivet (2013), p. 10. 117 Olivet (2013), p. 10. 118 Damon Vis-Dunbar, “Ukraine Cleared of Claim by German Investor over Stolen Fuel“, in: IISD Investment Treaty News, 12.7.2011, (accessed 8 July 2015). 119 Investment Treaty Arbitration, Inmaris Perestroika Sailing Maritime Services GmbH and Others v. Ukraine (ICSID Case No. ARB/08/8, p. 55-56, (accessed 8 July 2015). 120 Olivet (2013), p. 10. 121 International Centre for Settlement of Investment Disputes, Award: Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka, ICSID Case No. ARB/09/02, p. 124, . 122 United Nations Commission on International Trade Law (UNCITRAL), Award: ECE Projektmanagement International GmbH v. The Czech Republic, PCA Case No. 2010-5, p. 383, .

International Investment Agreements and Investor-State Dispute Settlement