ClientEarth letter and analysis regarding UNIPER ISDS threat

ClientEarth lawyers have urged the Dutch Senate (Eerste Kamer) not to be influenced by the unfounded threats of the energy company Uniper - or other investors - in deciding to adopt the proposed law banning the burning of coal for power generation (35.167). The legal opinion concerns the threat by Uniper early September 2019 to sue the Dutch state under the Energy Charter Treaty if the Dutch Senate adopts the law. On the basis of the publicly available information, this legal opinion sets out why Uniper’s potential claim against the Netherlands is legally misconceived.