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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Analysis: In recently surfaced decades-old awards, ICC tribunal decided on costs incurred during pre-damages phase; claimant was awarded damages for unlawful termination of power plant construction project and loss of financing opportunity

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Analysis: ICSID tribunal rejects Canada’s request to suspend arbitration due to parallel issues in other pending NAFTA legacy claims, setting out standard for suspension under ICSID’s 2022 Arbitration Rules

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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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Revealed: ICC tribunal chaired by Cristián Conejero is hearing Czech CEZ’s claims against Gazprom Export, while respondent is asking Russian court for anti-arbitration injunction

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[Updated] Revealed: In Russian proceedings pertaining to anti-arbitration injunction directed against Geneva-seated arbitration, OMV challenges Gazprom’s arguments on requirements for exclusive jurisdiction of Russian court and effect of EU and Swiss sanctions against Russian nationals

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Analysis: ICSID tribunal in Koch v. Canada finds that emission trading allowances do not qualify as NAFTA-protected investments, but it notes that this is a “close case”

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

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

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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

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[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

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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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Pleadings in Slovakian oil and gas dispute detail parties’ disagreements on “social license to operate”, use of DCF valuation without investment track record, and need for active investment

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

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[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

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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: Jurisdictional decision in Cambodia Power v. KOC confirmed consolidation of claims stemming from multiple contracts, and declined jurisdiction over state-owned company for lack of designation under Article 25(1) ICSID Convention

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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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Analysis: UK Court of Appeal overturns High Court’s decision and grants anti-suit injunction, finding that choice of Paris as arbitration seat did not negate choice of English law as the governing law

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