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

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

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

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

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

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

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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

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

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

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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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[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

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

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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

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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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