Greentech and Novenergia v. Italy

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Case Details

Year of Filing: 2015

Case Status: Set Aside Pending

Claimant(s): Greentech Energy Systems and Novenergia

Respondent(s): Italian Republic

Arbitral Rules: SCC

Legal Instrument: Treaty

Treaty: Energy Charter Treaty

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Swedish court asks CJEU to rule on compatibility of ECT arbitration clause with EU law Mar 1, 2021

ANALYSIS: Intra-EU awards piling up on Stockholm court docket, with three ECT awards added in recent months, and new demands by Spain and Italy for reference to European Court of Justice May 26, 2019

In now-public Energy Charter Treaty award (Greentech v Italy), Park-chaired tribunal finds that Achmea ruling does not preclude tribunal’s jurisdiction, but Sacerdoti dissents on liability Jan 13, 2019

Tribunal chaired by William W. Park finds Italy liable for breach of Energy Charter Treaty; first loss for Italy in its string of renewables cases Dec 24, 2018

Italy claims: A trio of Energy Charter Treaty arbitrations emerge in Stockholm, a tribunal is appointed at ICSID, and some repeat-players are beginning to emerge Aug 24, 2017

Hearings loom in previously-unpublicized Stockholm Energy Charter Treaty claim, as another investor pursues ICSID claim May 24, 2017

Italy put on notice of treaty claim arising out of economic austerity Apr 30, 2012