The U.S. District Court for the District of Columbia dismissed on Tuesday Westinghouse Electric Company’s lawsuit against its South Korean competitors, Korea Hydro & Nuclear Power (KHNP) and Korea Electric Power Corp. (KEPCO). The court stated that Westinghouse lacked the standing to sue over enforcing a U.S. export control regulation. At first glance, this might boost South Korea’s drive to lead in the nuclear export market.

However, the court sidestepped a definitive decision on whether the APR1400 reactor technology South Korea exported to the United Arab Emirates (UAE) either integrates Westinghouse’s proprietary technology or is a product of South Korea’s independent development efforts. This lack of clarity paves the way for Westinghouse to appeal the court’s decision and might put South Korea’s burgeoning nuclear export ambitions at risk.