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Filtered : Intra-European Union
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ICSID ad hoc committee upholds RWE v. Spain award
Mar 21, 2024 -
Analysis: Investors’ claims in Encavis v. Italy fail on the merits, as tribunal finds that amendments to Italian renewable energy incentives scheme served legitimate public purpose and fulfilled proportionality requirement
Mar 19, 2024 -
Analysis: ICSID tribunal in Encavis v. Italy upholds jurisdiction, dismissing intra-EU and forum selection clause objections in ECT dispute
Mar 19, 2024 -
Analysis: CJEU finds that UK Supreme Court’s enforcement of ICSID award infringed Article 351(1) TFEU, duty of sincere cooperation, preliminary reference mechanism, and EU state aid rules
Mar 15, 2024 -
CJEU finds that UK infringed EU law by enforcing Micula v. Romania (1) ICSID award
Mar 14, 2024 -
Cypriot company lodges ICSID case against Hungary under Energy Charter Treaty
Mar 14, 2024 -
ICSID tribunal in Encavis et al. v. Italy dismisses all claims on the merits
Mar 12, 2024 -
France and Germany submit notes verbales addressing consequences of their withdrawal from Energy Charter Treaty
Mar 06, 2024 -
ICSID ad hoc committee is formed to hear Spain’s bid to annul 25 million EUR award
Feb 29, 2024 -
In recently-released discontinuance order, RWE v. Netherlands tribunal finds respondent’s request for costs “inherently contradictory” with decision to seek German anti-arbitration injunction
Feb 19, 2024 -
Spain files for annulment of award that saw tribunal split on legitimate expectations analysis
Feb 15, 2024 -
Analysis: Tribunal in Natland v. Czech Republic awards damages based on hypothetical European Commission decision regarding compatibility of Czech solar incentives scheme with EU state aid rules
Feb 07, 2024 -
USA files amicus curiae submission before US appeals court, supporting Spain’s attempts to reverse anti-anti-enforcement injunction and review intra-EU argument at enforcement stage
Feb 06, 2024 -
Spain Round-Up: New awards and decisions, enforcement-related developments, and updates on pending arbitrations
Feb 02, 2024 -
Natland v. Czech Republic UNCITRAL arbitration concludes with final award on damages
Jan 31, 2024 -
Spain files for annulment of Infracapital award
Jan 29, 2024 -
UK High Court temporarily upholds registration of ICSID award against Spain, but final ruling is postponed until Court of Appeal’s decision on intra-EU issue
Jan 26, 2024 -
Spain is hit with one of biggest renewable energy awards yet against the state
Jan 19, 2024 -
Analysis: German Supreme Court confirms enforcement of Deutsche Telekom v. India award, stressing that extra-EU BIT arbitration is compatible with EU law
Jan 12, 2024 -
Svea Court of Appeal sets aside entire ECT award favoring Poland on intra-EU grounds, despite non-EU nationality of one of the claimants
Jan 11, 2024 -
[Updated with Award] Renewable energy arbitration against Bulgaria concludes in favour of investor
Jan 09, 2024 -
Micula v. Romania (I) tribunal rejects state’s request for interpretation
Jan 03, 2024 -
ICSID ad hoc committee in place to hear bid to annul Sevilla Beheer v. Spain award
Nov 10, 2023 -
Analysis: CJEU Advocate General finds that UK Supreme Court should not have enforced Micula v. Romania (1) ICSID award, as obligations under ICSID Convention cannot trump EU law
Nov 10, 2023 -
[Updated with a copy of the Decision] Analysis: ICSID tribunal in Adria Group v. Croatia rejects intra-EU objection in BIT case lodged after EU Member State Achmea Declarations, but before entry into force of EU Termination Treaty
Nov 08, 2023 -
ICSID tribunal dismisses intra-EU objection in billion-dollar treaty arbitration against Croatia
Nov 03, 2023 -
Spain is held liable for ECT breach in wind farm dispute
Nov 03, 2023 -
[Updated] RWE requests discontinuance of coal phase-out ECT claim against the Netherlands, in view of German Supreme Court’s ruling on anti-intra-EU-arbitration declarations
Nov 02, 2023 -
Three are in place to hear cross-annulment requests in Spanish renewable energy dispute
Oct 25, 2023 -
Kruck v. Spain tribunal awards 15 million EUR in damages plus costs to claimants
Oct 16, 2023 -
ICSID tribunal agrees with claimant that award should be corrected to fully reflect reasoning on quantum
Sep 27, 2023 -
Spain files for annulment of 6.8 million EUR photovoltaic energy award
Sep 25, 2023 -
Juliet Blanch is tapped to chair intra-EU ECT arbitration against Slovenia
Sep 16, 2023 -
Analysis: ICSID committee finds that tribunal did not need to consider previous investment awards that reached different conclusions on the merits, dismissing Italy’s bid to annul ECT award
Sep 08, 2023 -
ICSID annulment committee upholds award that found Italy in breach of the ECT
Sep 07, 2023 -
Amsterdam Court of Appeal rejects Poland’s request for interim order to stay intra-EU arbitration
Sep 05, 2023 -
Three are in place to hear Spain’s request for revision of renewable energy award
Aug 17, 2023 -
Analysis: Germany’s Supreme Court finds that anti-arbitration declaration mechanism is available with respect to pending intra-EU ICSID arbitrations, but not to prevent future ECT cases; court opines that EU law trumps international law and that the CJEU did not act ultra vires in addressing intra-EU investor-state arbitration
Aug 10, 2023 -
UK court reportedly allows creditors of Antin v. Spain award to seize London real estate property
Aug 04, 2023 -
ICSID tribunal hearing intra-EU ECT case declines to enjoin Germany from pursuing anti-arbitration declaration proceedings before local courts, but directs respondent not to lodge additional court actions that may interfere with ICSID’s exclusivity clause
Aug 03, 2023 -
ICSID tribunal allows outdoor advertising dispute under Czech Republic-France BIT to proceed to the next stage
Aug 02, 2023 -
[Updated with copies of the Judgments] Germany’s Supreme Court rules that anti-arbitration declaration mechanism is available against intra-EU ICSID arbitrations
Jul 27, 2023 -
Sweden’s Supreme Court declines to hear appeal against judgment that set aside ECT award on intra-EU grounds
Jul 18, 2023 -
Parties in Spanish renewables dispute file cross annulment requests
Jul 15, 2023 -
European Commission submits formal proposals for the EU and Euratom to withdraw from the ECT; Commission opines that sunset clause never applied to intra-EU disputes, but it nevertheless proposes the adoption of a subsequent agreement on this issue
Jul 07, 2023 -
European Commission to present concrete legal proposals for a coordinated withdrawal from the Energy Charter Treaty in the coming days
Jul 05, 2023 -
UNCITRAL tribunal reportedly awards almost 30 million EUR to French government-controlled energy giant EDF in dispute under Energy Charter Treaty
Jul 03, 2023 -
Revealed: ICSID tribunal hearing high-stakes renewables case rejects Spain’s second request for reconsideration of previous decision on intra-EU jurisdictional objection in light of recent case law
Jun 28, 2023 -
Christoph Schreuer and other investment arbitration experts to file amicus brief before US court in support of enforcement of intra-EU ICSID awards, alongside US Chamber of Commerce and MOL Hungarian Oil
Jun 27, 2023 -
Spain files for rectification of Infracapital award
Jun 19, 2023 -
Tribunal appointed in latest arbitration between MOL and Croatia
Jun 16, 2023 -
[Updated with analysis of unredacted Award] Analysis: in recently-surfaced decisions in Cyprus Popular Bank v. Greece, tribunal rejects early intra-EU objection, finds that 2 billion EUR claim has been waived, and awards damages for discriminatory conduct in the access to emergency funds
Jun 08, 2023 -
Uncovered: ICSID tribunal allows European Commission to submit amicus curiae brief in renewable energy dispute with Romania
May 31, 2023 -
Spain asks for revision of renewable energy award
May 30, 2023 -
ICSID tribunal dismisses BIT claim against Croatia in golf course dispute
May 24, 2023 -
[Updated with a copy of the Award] ICSID tribunal renders award on quantum in Sevilla Beeher v. Spain, awarding 6.8 million EUR to the claimant
May 23, 2023 -
Analysis: ICSID ad hoc committee in BayWa v. Spain sees no grounds for annulment in tribunal’s findings concerning intra-EU objection and rejection of European Commission’s application to intervene as amicus curiae
May 11, 2023 -
ICSID ad hoc committee declines to annul BayWa v. Spain award
May 09, 2023 -
[Updated with a Copy of the Provisional Measures Decision] Revealed: ICSID tribunal directs Spain to suspend or discontinue parallel German court proceedings in which the state seeks declaration that the arbitration is inadmissible due to its intra-EU nature
May 05, 2023 -
Three are in place to hear intra-EU ECT arbitration against Bulgaria
May 05, 2023 -
Germany Round-Up: An update on arbitration-related developments involving the state
May 04, 2023 -
Analysis: InfraCapital v. Spain quantum award examines proper way to compensate both failure to achieve reasonable rate of return and clawback component of Spain’s 2013/2014 renewable energy incentives scheme
May 04, 2023 -
Infracapital v. Spain tribunal awards 25 million EUR plus interest in compensation
May 03, 2023 -
Analysis: Unchallenged arbitrators are unconvinced that decades-old criminal conviction that was overturned by Italy’s Supreme Court warrants Charles Poncet’s disqualification from renewable energy case
Apr 28, 2023 -
US investment fund argues that Spain’s failure to pay renewable energy awards amounts to an event of default under the state’s sovereign debt instruments
Apr 25, 2023 -
Co-arbitrators dismiss proposal to disqualify Charles Poncet from renewable energy arbitration
Apr 24, 2023 -
US court refuses to hold Spain in contempt for failing to withdraw request for anti-enforcement injunction; request for stay of proceedings is also dismissed
Apr 24, 2023 -
Australian High Court discusses distinction between recognition, enforcement and execution of ICSID awards, dismissing Spain’s appeal against recognition and enforcement of the Antin v. Spain award
Apr 12, 2023 -
[Corrected] German court issues temporary restraining order, directing RWE to refrain from seeking anti-anti-enforcement injunction from US court
Apr 07, 2023 -
Discontinuance order in Uniper v. Netherlands surfaces, revealing that the tribunal rejected request for costs, finding no support for general rule that respondent should not bear the cost of withdrawn claims
Apr 06, 2023 -
Lithuania’s domestic court action against Veolia remains alive, as the state’s Supreme Court finds that the state has standing to bring BIT (counter)claim
Apr 03, 2023 -
US court sides with Spain in battle for enforcement of intra-EU award, finding that Spain did not have the legal capacity to consent to arbitration of intra-EU disputes under the ECT
Mar 30, 2023 -
RWE asks US court to block Spain’s anti-enforcement action in Germany
Mar 28, 2023 -
ICSID annulment committee declines to annul Hydro award, stressing that Spain’s state aid argument was only part of the case’s factual matrix – and thus cannot be reviewed
Mar 23, 2023 -
Dutch court finds that it lacks jurisdiction to prohibit US assignee of intra-EU ECT award debt from seeking anti-anti-enforcement injunction in the US
Mar 20, 2023 -
Uniper v. Netherlands arbitration is discontinued
Mar 20, 2023 -
US court allows petitioners to substitute EU investors with US-based entity in battle for enforcement of intra-EU UNCITRAL award, despite Spain’s argument that the substitution was designed to avoid the application of EU law
Mar 09, 2023 -
Analysis: ICSID ad hoc committee dismisses Spain’s efforts to annul OperaFund award, stressing that the state’s profound belief that the award is wrong is not a basis for annulment
Mar 09, 2023 -
ICSID committee declines to annul OperaFund v. Spain award, stressing that tribunal’s analysis on intra-EU issue was “methodical and logical”; investor is awarded full costs
Mar 06, 2023 -
Analysis: SCC tribunal finds that Poland’s lack of compliance with rulings of Polish domestic courts breached the ECT’s effective means standard
Mar 03, 2023 -
Analysis: Ad hoc committee in Watkins v. Spain finds no flaws in the rejection of the intra-EU objection, and confirms validity of award despite error in the quantification of damages
Feb 28, 2023 -
ICSID ad hoc committee dismisses annulment bid in Watkins v. Spain
Feb 23, 2023 -
Analysis: SCC tribunal in Triodos v. Spain upholds ECT claim for breach of legitimate expectations in intra-EU dispute over photovoltaic tariffs
Feb 16, 2023 -
US court enjoins Spain from pursuing anti-suit injunctions aimed at preventing investors from enforcing intra-EU ECT awards
Feb 16, 2023 -
ICSID invites Spain to comply with renewable energy award
Feb 15, 2023 -
ECT award creditors target oil spill debt in favour of Spain, while UK court rejects EU Commission’s application to intervene
Feb 08, 2023 -
Uncovered: SCC tribunal upholds jurisdiction and finds Spain liable for ECT breach in intra-EU dispute
Feb 07, 2023 -
ICSID tribunal in Sevilla Beheer v. Spain rejects request for reconsideration based on recent set-aside decisions in other intra-EU disputes
Feb 07, 2023 -
ICSID tribunal (partially) grants European Commission’s request to intervene in intra-EU arbitration against Germany
Feb 06, 2023 -
BayWa v. Spain committee lifts stay of enforcement of ICSID award, seeing no risk of non-recoupment
Feb 03, 2023 -
Intra-EU treaty case against Poland is settled following set-aside decision by French court
Jan 24, 2023 -
Another ECT award-creditor seeks anti-anti-suit injunction from US courts, in reply to Spain’s efforts to thwart world-wide enforcement of the award
Jan 17, 2023 -
US court declines to overturn earlier decision to enforce Micula v. Romania intra-EU award
Jan 17, 2023 -
Dispute over enforcement of intra-EU ICSID award against Spain heats up, as both parties to the NextEra v. Spain arbitration seek anti-suit injunctions
Jan 13, 2023 -
An ICSID tribunal is in place to hear ECT claim brought by 36 solar investors in Spanish photovoltaic power plants
Jan 03, 2023 -
Swedish Supreme Court sets aside PL Holdings v. Poland intra-EU award, relying on the CJEU’s assessment of the case to ground a breach of public policy
Dec 14, 2022 -
Svea Court of Appeal sets aside intra-EU award against Spain, on grounds of non-arbitrability
Dec 14, 2022 -
[Updated with redacted copies of the Award and Annulment Decision] ICSID annulment proceedings conclude in Greek bank bail-out case
Dec 13, 2022 -
ICSID committee is in place to hear Italy’s bid to annul Rockhopper award
Dec 08, 2022 -
Analysis: ICSID ad hoc committee in 9Ren v. Spain considers that intra-EU jurisdictional objection is only applicable if EU law applies as lex arbitri, and emphasizes limited scope of annulment proceedings
Dec 07, 2022