Archives

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

March 19, 2024Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: In recently released Cementos v. Egypt decision, ICSID ad hoc committee dismisses investor’s request for annulment of award that found breach of effective means provision, but declined to award any damages

January 3, 2024Annulment and Court Review of Awards, ICSID (World Bank)
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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

August 3, 2023Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Interim Measures Decisions, Intra-European Union
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Analysis: ICSID annulment committee in Hydro v. Spain sees no manifest excess of powers or failure to state reasons in tribunal’s handling of intra-EU issues

March 27, 2023Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain
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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

March 23, 2023Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Windstream v. Canada (2) tribunal declines to bifurcate proceedings, finding that preliminary objections based on first arbitration are intertwined with the merits

March 7, 2023Energy Disputes, News, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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ICSID tribunal (partially) grants European Commission’s request to intervene in intra-EU arbitration against Germany

February 6, 2023Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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ECT tribunal allows European Commission to file amicus brief in renewables case against Italy, but denies requests for access to record and hearing

June 16, 2022Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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ICSID tribunal declines to suspend arbitration proceedings pending appeal regarding intra-EU question before German courts, and splits on bifurcation request

June 15, 2022Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Revealed: Berlin court dismisses Germany’s request for anti-arbitration declaration directed at ICSID case

May 24, 2022Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: Hydro v. Spain committee conditions continued stay of enforcement on undertaking to repay sums collected in case of annulment; Spain asks for reconsideration

May 5, 2022Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Analysis: Rule 41(5) decision surfaces in German ECT wind power arbitration, revealing that ICSID tribunal found that neither the intra-EU nature of the dispute, nor the German nationality of some of the claimants warranted an early dismissal of the case

January 31, 2022Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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