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Filtered : Energy Charter Treaty

• ECT arbitration against France is discontinued at parties’ request

  Apr 25, 2024

• German court dismisses Spain’s request for anti-enforcement injunction directed against intra-EU ICSID award

  Apr 24, 2024

• EU Parliament votes in favor of EU’s withdrawal from Energy Charter Treaty

  Apr 24, 2024

• Analysis: Svea Court of Appeal sets aside Triodos v. Spain award, on intra-EU grounds

  Apr 16, 2024

• Analysis: Annulment committee in RWE v. Spain sees no manifest excess of powers or failure to state reasons in ECT award that upheld jurisdiction over intra-EU dispute and declined to apply EU law on the merits

  Apr 16, 2024

• Uranium miner to lodge ECT claim against Spain

  Apr 10, 2024

• European Commission proposes to trigger ECT’s denial of benefits clause against investments controlled by Russian and Belarussian entities

  Apr 05, 2024

• Cavinder Bull is tapped to chair trio of ECT arbitrations against Denmark, Germany, and the European Union

  Mar 30, 2024

• Dutch Supreme Court confirms attachment of Russian assets by creditors of Yukos shareholders awards

  Mar 25, 2024

• Analysis: Dutch Advocate General opines that three judgments that upheld treaty awards against Russia should be confirmed, while judgment that failed to engage with material evidence of illegality should be remanded

  Mar 25, 2024

• [Updated with Decision] ICSID ad hoc committee upholds RWE v. Spain award

  Mar 21, 2024

• [Updated] European Commission sets out 3-pillar process for implementation of coordinated withdrawal from Energy Charter Treaty, modernisation process, and exclusion of intra-EU arbitrations

  Mar 21, 2024

• Romania reportedly ordered to pay 42.2 million EUR to renewable energy investor under ECT

  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

• Cypriot company lodges ICSID case against Hungary under Energy Charter Treaty

  Mar 14, 2024

• Three are in place to hear coal phase-out dispute with Germany under Energy Charter Treaty

  Mar 14, 2024

• ICSID tribunal in Encavis et al. v. Italy dismisses all claims on the merits

  Mar 12, 2024

• Portugal denounces Energy Charter Treaty; contracting parties will need to designate new depositary

  Mar 08, 2024

• Council of the European Union approves EU’s withdrawal from Energy Charter Treaty

  Mar 07, 2024

• France and Germany submit notes verbales addressing consequences of their withdrawal from Energy Charter Treaty

  Mar 06, 2024

• European Commission proposes draft Council decisions that would not block adoption of modernized ECT

  Mar 01, 2024

• ICSID ad hoc committee is formed to hear Spain’s bid to annul 25 million EUR award

  Feb 29, 2024

• Germany’s Uniper submits treaty-based notice of dispute to Russia

  Feb 28, 2024

• Energy Charter Treaty Secretariat receives treaty denunciation from Slovenia

  Feb 26, 2024

• ICSID tribunal dismisses security for costs request in fracking dispute with Slovenia

  Feb 23, 2024

• United Kingdom leaves Energy Charter Treaty over failed modernisation process

  Feb 22, 2024

• [Updated with analysis] Amsterdam Court of Appeals rejects Russia’s latest bid to set aside 50 billion USD Yukos shareholders awards

  Feb 20, 2024

• [Updated with Award] Analysis: Tribunal majority in EBL v. Spain finds discrete ECT violation on the merits, but declines to award damages and orders claimants to pay costs

  Feb 20, 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

• Kyrgyzstan claims victory in heretofore undisclosed investment arbitration brought by Kazakh state-owned company

  Jan 31, 2024

• Poland is hit with ECT claim over renewable energy venture

  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

• Analysis: Tribunal in ACF v. Bulgaria finds that measures interfering with renewable energy incentives violated clear expectation of regime stability

  Jan 26, 2024

• Yukos shareholders cannot compel Russia’s counsel to hand over allegedly-privileged documents

  Jan 25, 2024

• Spain is hit with one of biggest renewable energy awards yet against the state

  Jan 19, 2024

• Three are in place to hear Azerbaijan v. Armenia ECT arbitration

  Jan 17, 2024

• Stay of ECT arbitration against the EU is lifted, as Nord Stream 2 posts security for costs

  Jan 15, 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

• US court dismisses Russia’s sovereign immunity defence and confirms subject matter jurisdiction for enforcement of 50 billion USD Yukos award

  Nov 18, 2023

• ICSID ad hoc committee in place to hear bid to annul Sevilla Beheer v. Spain award

  Nov 10, 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

• UK High Court finds that Russia is precluded from relitigating arbitration tribunal’s jurisdiction in support of immunity defence against enforcement

  Nov 01, 2023

• Three are in place to hear cross-annulment requests in Spanish renewable energy dispute

  Oct 25, 2023

• [Updated] Refinery group lodges trio of ECT cases against the European Union, Denmark, and Germany

  Oct 25, 2023

• [Updated] Publicly-owned Swiss electricity company lodges ECT claim against Germany

  Oct 23, 2023

• Bernard Hanotiau is tapped to chair ICSID committee tasked with reviewing Eurus v. Spain award

  Oct 21, 2023

• Kruck v. Spain tribunal awards 15 million EUR in damages plus costs to claimants

  Oct 16, 2023

• [Updated] Dutch Advocate General supports attachment of Russian assets by Yukos shareholders

  Oct 03, 2023

• Revealed: UNCITRAL arbitration against Russia is discontinued

  Oct 02, 2023

• UK denies benefits of Energy Charter Treaty to Russian-controlled investors and sanctioned entities

  Sep 29, 2023

• Analysis: Tribunal hearing Bulgarian ECT case finds that notice of intent contains consent for arbitration and constitutes critical final date for application of ICSID Rules – differentiating Benabderrahmane v. Qatar

  Sep 28, 2023

• ICSID tribunal agrees with claimant that award should be corrected to fully reflect reasoning on quantum

  Sep 27, 2023

• UK investor concludes after-the-event insurance policy to cover risk of adverse costs decision in fracking arbitration against Slovenia

  Sep 25, 2023

• Spain files for annulment of 6.8 million EUR photovoltaic energy award

  Sep 25, 2023

• Analysis: ECT tribunal awards 23.5 million EUR to Japanese investor, finding that Spain radically abolished renewable energy support regime

  Sep 22, 2023

• Spain files for annulment of ECT award favorable to Japanese investor

  Sep 20, 2023

• Japanese investor’s 23.5 million USD ECT award against Spain comes to light

  Sep 18, 2023

• Juliet Blanch is tapped to chair intra-EU ECT arbitration against Slovenia

  Sep 16, 2023

• Nord Stream 2 is ordered to post security for costs in UNCITRAL/ECT arbitration against the EU; tribunal declines to terminate the proceedings

  Sep 13, 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

• UK may withdraw from ECT if modernization is not approved by November 2023

  Sep 01, 2023

• ECT Secretariat confirms that Luxembourg has notified the treaty’s depository of its withdrawal

  Aug 30, 2023

• Renewable energy arbitration against Bulgaria is discontinued

  Aug 21, 2023

• Three are in place to hear Spain’s request for revision of renewable energy award

  Aug 17, 2023

• ICSID ad hoc committee rejects Swiss investor’s bid for annulment of award that favored Romania

  Aug 16, 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

• [Updated with a copy of the Decision] ECT tribunal dismisses objection under 2006 ICSID Rule 41(5), finding that claim by investor’s heirs does not manifestly lack legal merit

  Jul 26, 2023

• Portuguese Parliament debates the state’s withdrawal from the Energy Charter Treaty

  Jul 19, 2023

• Bosnian state-owned power plant loses contract-based UNCITRAL arbitration, paving the way for resumption of ICSID arbitration against the Balkan state

  Jul 19, 2023

• ICSID ad hoc committee rules on lifting of stay of enforcement in Rockhopper v. Italy case

  Jul 19, 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

• Energy Charter’s Secretary-General appeals to EU member states to vote for modernized ECT, despite the European Commission’s recent proposal for a coordinated withdrawal

  Jul 11, 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

• UK oil and gas company submits ECT notice of dispute to Ireland

  Jun 28, 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

• US court decides to stay decision on anti-suit injunction request in Watkins case, until resolution of the parallel appeals in NextEra and 9Ren proceedings

  Jun 13, 2023

• The Netherlands and the European Commission file amici curiae submissions before US court in support of Spain’s appeal to vacate anti-suit injunction and halt enforcement of intra-EU award

  Jun 12, 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

• Analysis: ICSID tribunal awards approximately 6.8 million EUR to PV investors; while costs are mostly split, tribunal questions seriousness of Spain’s second request for reconsideration

  May 29, 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

• UK company threatens ECT claim against Ireland over the state’s refusal to grant oil and gas lease undertaking

  May 22, 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