EU Council formally approves “Belgian roadmap” for ECT, deciding that the EU and Euratom will exit the treaty without preventing adoption of modernized text

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[Updated with original Judgment] Analysis: German court dismisses Spain’s request for anti-enforcement injunction, finding that respect for USA’s sovereignty trumps principle of effectiveness of EU law

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Swiss Federal Tribunal upholds intra-EU ECT award against Spain, finding that CJEU’s rulings should be given “no particular value”

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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

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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

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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

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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

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Spain files for annulment of award that saw tribunal split on legitimate expectations analysis

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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

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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

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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

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Analysis: German Supreme Court confirms enforcement of Deutsche Telekom v. India award, stressing that extra-EU BIT arbitration is compatible with EU law

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Svea Court of Appeal sets aside entire ECT award favoring Poland on intra-EU grounds, despite non-EU nationality of one of the claimants

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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

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[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

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[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

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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

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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

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UK court reportedly allows creditors of Antin v. Spain award to seize London real estate property

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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

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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

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UNCITRAL tribunal reportedly awards almost 30 million EUR to French government-controlled energy giant EDF in dispute under Energy Charter Treaty

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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

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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

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[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

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[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

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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

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[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

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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

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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

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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

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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

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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

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[Corrected] German court issues temporary restraining order, directing RWE to refrain from seeking anti-anti-enforcement injunction from US court

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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

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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

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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

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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

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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

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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

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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

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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

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Analysis: SCC tribunal finds that Poland’s lack of compliance with rulings of Polish domestic courts breached the ECT’s effective means standard

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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

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Analysis: SCC tribunal in Triodos v. Spain upholds ECT claim for breach of legitimate expectations in intra-EU dispute over photovoltaic tariffs

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US court enjoins Spain from pursuing anti-suit injunctions aimed at preventing investors from enforcing intra-EU ECT awards

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