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Filtered : Intra-European Union
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Svea Court of Appeal sets aside intra-EU award against Spain, on grounds of non-arbitrability
Dec 14, 2022 -
[Updated with redacted copies of the Award and Annulment Decision] ICSID annulment proceedings conclude in Greek bank bail-out case
Dec 13, 2022 -
ICSID committee is in place to hear Italy’s bid to annul Rockhopper award
Dec 08, 2022 -
Analysis: ICSID ad hoc committee in 9Ren v. Spain considers that intra-EU jurisdictional objection is only applicable if EU law applies as lex arbitri, and emphasizes limited scope of annulment proceedings
Dec 07, 2022 -
As Slovenia heads for ECT exit, coal mine investor brings claim at ICSID
Dec 06, 2022 -
Chinese-owned renewable energy investor lodges ECT claim against Bulgaria
Dec 04, 2022 -
ICSID ad hoc committee unanimously rejects Spain’s bid to annul 9REN award
Dec 02, 2022 -
Bulgaria faces new intra-EU ECT arbitration, as children of former Yukos associate make good on earlier threat to bring ICSID claim
Nov 17, 2022 -
RWE v. Netherlands arbitration is suspended, pending appeal against German anti-arbitration declaration
Nov 15, 2022 -
Three are named to hear Spain’s bid to annul renewable energy award
Nov 11, 2022 -
Three are named to hear intra-EU claim against Romania
Nov 01, 2022 -
Italy files for annulment of Rockhopper award
Oct 31, 2022 -
Analysis: ICSID tribunal in Alverley v. Romania denies jurisdiction based on abuse of process and failure to meet real seat requirement
Oct 27, 2022 -
ECT tribunal majority rejects Spain’s reconsideration request based on intra-EU jurisdictional objection; dissenter opines that Komstroy Decision is a “game changer”, warranting dismissal of the case for lack of jurisdiction
Oct 25, 2022 -
Italy challenges claimants’ appointee in ECT renewables arbitration
Oct 21, 2022 -
Under-the-radar intra-EU arbitration against Poland surfaces, as Dutch court refuses to enjoin claimant from pursuing arbitration; judge highlights uncertainties over consequences of Achmea Decision
Oct 20, 2022 -
ICSID Chair dismisses challenge to full tribunal in Spanish renewables arbitration
Oct 20, 2022 -
European Commission proposes Subsequent Agreement on interpretation of the Energy Charter Treaty, reiterating that intra-EU arbitration is incompatible with the EU Treaties
Oct 06, 2022 -
Analysis: Tribunal majority in Kruck v. Spain finds that Spain breached the claimants’ legitimate expectation of stable feed-in tariffs created by RD 661; Zachary Douglas dissents, deploring contract law-inspired interpretation of legitimate expectations doctrine which leads to strict liability
Oct 04, 2022 -
ECT tribunal in Cavalum v. Spain awards 7.4 million EUR to PV investor, after finding that only 2 of the claimant’s 7 power plants do not achieve a reasonable rate of return
Oct 03, 2022 -
Analysis: As Luxembourg’s highest court denies enforcement of Micula award on intra-EU grounds, the fate of intra-EU awards before non-EU state courts remains unclear
Sep 26, 2022 -
[Updated with new document] Unpacking German court decision that declared Dutch coal phase-out ICSID/ECT arbitration to be inadmissible due to its intra-EU nature
Sep 23, 2022 -
Tribunal hearing Spanish renewables case splits on scope of liability under the ECT
Sep 23, 2022 -
Germany’s nationalization of Uniper may have repercussions for several arbitration disputes
Sep 21, 2022 -
ICSID ad hoc committee continues stay of enforcement of STEAG v. Spain award, on the condition that the state furnishes partial financial security
Sep 14, 2022 -
Spain files for annulment of award that held the state liable for breach of legitimate expectation of relative stability
Sep 13, 2022 -
Analysis: ICSID tribunal in RWE v. Netherlands decides, albeit “with some hesitation”, to reject request for provisional measures aimed at halting parallel German court proceedings
Sep 09, 2022 -
Cavalum v. Spain intra-EU ECT tribunal dismisses request for reconsideration of previous jurisdictional ruling in view of Green Power award
Sep 09, 2022 -
German court declares ECT/ICSID arbitrations against the Netherlands to be inadmissible due to their intra-EU nature
Sep 08, 2022 -
German renewable energy investors lodge ECT arbitration against France
Sep 05, 2022 -
Analysis: Unpacking the Rockhopper v. Italy award, including tribunal’s reasons for finding that denial of hydrocarbons concession amounted to an unlawful expropriation, and for awarding 190 million EUR to claimants
Sep 01, 2022 -
[Updated] Breaking: UK oil and gas company announces 190+ million EUR award in ECT arbitration against Italy
Aug 24, 2022 -
Analysis: ICSID tribunal declines to reconsider previous decision on intra-EU objection in light of Green Power v. Spain award
Aug 23, 2022 -
Uniper is required to withdraw its intra-EU ECT claim against the Netherlands as part of German bailout package
Jul 22, 2022 -
Analysis: ICSID tribunal in LSG v. Romania dismisses intra-EU and multi-party objections; tribunal majority finds that radical changes to Romania’s renewable energy regime breached ECT
Jul 18, 2022 -
Three are in place to hear renewables claim against Romania
Jul 08, 2022 -
High-profile MOL v. Croatia ICSID arbitration concludes with an award; parties issue divergent statements regarding the outcome of the case
Jul 06, 2022 -
Tribunal is constituted to hear Romania’s bid for interpretation of Micula I award
Jul 04, 2022 -
Lithuania’s appeals court declines to hear counterclaim previously withdrawn from ICSID case
Jun 29, 2022 -
ECT arbitration against Spain is discontinued
Jun 24, 2022 -
Analysis: RREEF v. Spain committee is unconvinced that intra-EU arguments warrant annulment of the award
Jun 24, 2022 -
Analysis: First investor-state tribunal to dismiss case based on intra-EU objection finds that EU law applies to its jurisdiction (in a non-ICSID case seated in the EU) and prevails over the ECT
Jun 22, 2022 -
Breaking: ECT tribunal upholds Spain’s intra-EU objection and declines jurisdiction over renewable energy claim
Jun 22, 2022 -
Analysis: ICSID ad hoc committee rejects Spain bid to annul InfraRed award due to alleged unclean hands
Jun 18, 2022 -
CJEU declines to opine on compatibility of proposed amendments to ECT with EU law
Jun 16, 2022 -
Another Spanish annulment bid fails, as RREEF successfully defends its 60 million EUR award
Jun 16, 2022 -
ECT tribunal allows European Commission to file amicus brief in renewables case against Italy, but denies requests for access to record and hearing
Jun 16, 2022 -
ICSID tribunal declines to suspend arbitration proceedings pending appeal regarding intra-EU question before German courts, and splits on bifurcation request
Jun 15, 2022 -
ICSID ad hoc committee dismisses Spain’s bid for annulment of InfraRed award, including an unclean hands argument that was not raised at the arbitration stage
Jun 14, 2022 -
Analysis: ICSID tribunal sets out reasons for provisional measures decision regarding anti-arbitration proceedings before German courts
Jun 10, 2022 -
Revealed: Berlin court dismisses Germany’s request for anti-arbitration declaration directed at ICSID case
May 24, 2022 -
Spain proposes disqualification of full tribunal in ICSID arbitration
May 18, 2022 -
Andrea Carlevaris is tapped to chair Eiser v. Spain resubmission tribunal
May 17, 2022 -
Analysis: Tribunal majority in Renergy v. Spain finds that radical changes to renewable energy framework breached legitimate expectation of relative stability; dissenter opines that legitimate expectations are not the appropriate framework for assessing the dispute
May 17, 2022 -
Analysis: ICSID ad hoc committee lifts stay of enforcement in dispute with Israeli renewable energy investors
May 12, 2022 -
Simma-chaired renewables arbitration concludes with an award, as majority holds that Spain violated the investor’s legitimate expectation of “Relative Stability”; dissenter sees no treaty breach
May 09, 2022 -
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 05, 2022 -
Analysis: In quantum award, Hydro v. Spain tribunal finds that costs incurred in mitigating damages should be compensated
May 05, 2022 -
[Updated] German anti-arbitration proceedings prompt another provisional measures request at ICSID
May 02, 2022 -
[Updated] Paris court sets aside gambling award against Poland, finding that the tribunal lacked jurisdiction due to the intra-EU nature of the dispute
Apr 20, 2022 -
Paris Court of Appeal sets aside jurisdictional BIT award in Strabag v. Poland, on intra-EU grounds; argument based on alleged ad hoc arbitration agreement also fails
Apr 20, 2022 -
Spain is facing yet another intra-EU ECT arbitration, as 36 German and Spanish renewable energy companies lodge ICSID claim
Apr 06, 2022 -
Analysis: Cube v. Spain committee emphasizes limited scope for new arguments in annulment proceedings and dismisses the state’s annulment bid
Apr 04, 2022 -
Dyala Jimenez Figueres is tapped to chair annulment committee in Spanish renewables dispute
Apr 01, 2022 -
Analysis: ICSID ad hoc committee rejects all 22 arguments in support of Spain’s bid to annul NextEra award
Mar 31, 2022 -
Cube v. Spain award stands, as another ICSID ad hoc committee dismisses annulment bid by Spain
Mar 29, 2022 -
Tribunal holds Germany liable for unilateral termination of passenger vehicle toll agreement; arbitration proceeds to quantum phase
Mar 29, 2022 -
[Updated] Renewable energy case against Spain is discontinued at early stage
Mar 25, 2022 -
[Updated with a copy of the decision] NextEra v. Spain committee dismisses the state’s annulment bid
Mar 24, 2022 -
Arbitrators comings and goings: a new committee, a resignation, and a reconstituted tribunal
Mar 23, 2022 -
Analysis: ICSID ad hoc committee majority dismisses Spain’s annulment bid; dissenter sees lack of reasoning in treatment of counterfactual scenario for the assessment of damages
Mar 22, 2022 -
Analysis: Tribunal hearing Dutch coal phase-out dispute declines to bifurcate intra-EU objection and ancillary claim that the Netherlands has breached ICSID exclusivity by lodging parallel German proceedings
Mar 21, 2022 -
ICSID ad hoc committee majority rejects Spain’s bid to annul SolEs Badajoz award; dissenter sees a failure to state reasons in the quantification of damages
Mar 17, 2022 -
Parties in Uniper v. Netherlands coal phase-out arbitration express diverging views on ICSID provisional measures decision aimed at countering anti-arbitration action before German courts
Mar 11, 2022 -
Romania requests interpretation of 2013 Micula award in light of ongoing US enforcement proceedings
Mar 07, 2022 -
Analysis: ECT tribunal declines to apply the CJEU’s Komstroy Judgment, and unanimously considers the claw-back provision of Spain’s new regime to be a violation of the ECT; arbitrators disagree on broader liability findings
Feb 22, 2022 -
Sevilla Beheer v. Spain tribunal finds that claw-back provision violates the Energy Charter Treaty; tribunal majority postpones decision on reasonable return to the quantum phase, while dissenter sees broader treaty breaches
Feb 15, 2022 -
Vilnius court decides that the courts of the respondents’ domicile have jurisdiction over claims based on the Plurilateral Termination Agreement – once again throwing out Lithuania’s attempt to seek damages from investors involved in parallel ICSID and SCC arbitrations
Feb 14, 2022 -
Analysis: ECT tribunal dismisses request for reconsideration of previous jurisdictional ruling, finding the CJEU’s Komstroy Judgment “entirely irrelevant”, and declining to rule on alleged customary international rule regarding the primacy of EU law
Feb 11, 2022 -
European Commission lodges CJEU claim against the UK over enforcement of Micula award
Feb 10, 2022 -
Revealed: SCC tribunal found that administrative delays in issuing gas mining licenses did not amount to ECT breach by Poland
Feb 08, 2022 -
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
Jan 31, 2022 -
European Commission scores a victory in Micula v. Romania state-aid fight, as EU’s top court resuscitates decision barring Romania from complying with ICSID award
Jan 25, 2022 -
Cavalum v. Spain tribunal finds that interlocutory ICSID decisions upholding jurisdiction are not res judicata, but reckons that the CJEU’s Komstroy Judgment does not warrant reconsideration of intra-EU objection
Jan 25, 2022 -
Analysis: Lithuania’s Supreme Court finds that intra-EU BIT’s arbitration clause has been invalid since the state’s accession to the European Union, and declines to refer preliminary question to the CJEU
Jan 21, 2022 -
Offshore wind power arbitration against Germany proceeds to the next stage
Jan 20, 2022 -
Invoking the CJEU’s case-law on intra-EU arbitration, Lithuania’s Supreme Court finds that ICSID arbitration is not an obstacle to airing the dispute before local instances
Jan 18, 2022 -
ICSID ad hoc committee dismisses investors’ bid to annul second Micula v. Romania award
Jan 05, 2022 -
[Updated] Poland Round-Up: Adoption of media law could give rise to treaty arbitration, a helicopter dispute is settled, and a tribunal is reconstituted
Dec 23, 2021 -
Another ECT tribunal dismisses request for reconsideration of intra-EU objection in light of the CJEU’s Komstroy Judgment
Dec 22, 2021 -
Spain files for annulment of solar power award
Dec 22, 2021 -
Analysis: German Supreme Court delves into the compatibility of intra-EU arbitration with EU law, as it concludes that appeal against anti-arbitration ruling is inadmissible
Dec 17, 2021 -
Three are named to hear Spain’s bid to annul still-confidential solar award
Dec 15, 2021 -
ICSID ad hoc committee members dismiss challenge to Wendy Miles in Spanish renewables case
Dec 13, 2021 -
ICSID tribunal hearing claims by state-owned German banks against Spain declines to reconsider intra-EU decision in light of the CJEU’s Komstroy Decision
Dec 13, 2021 -
David Cairns is tapped to chair renewables arbitration against Spain
Dec 10, 2021 -
ICSID tribunal regrets clash between fundamental norms of EU law and ECT arbitration, but dismisses Spain’s request to reopen intra-EU issue in view of Komstroy decision
Dec 07, 2021 -
Uniper seeks to halt anti-arbitration proceedings before German courts by requesting provisional measures from newly-constituted ICSID tribunal
Dec 06, 2021 -
Three are in place to hear second coal power phase-out ICSID arbitration against the Netherlands
Dec 03, 2021 -
German Supreme Court upholds anti-arbitration ruling in Croatian intra-EU BIT case
Dec 02, 2021