The German lignite phase-out contract and investment arbitration - briefing

To implement the German lignite phase-out, the German government has negotiated a draft contract with lignite operators on the details of the phase-out. The draft contract contains a clause through which lignite operators waive their right to use investor state dispute settlement. This briefing discusses the waiver clause, with a view to informing German policy-makers on its strengths and weaknesses as well as contributing to the debate on a coal phase-out in other countries.