Topic: Climate change

Uniper to withdraw ECT claim as part of German bailout

Uniper says it has agreed to withdraw a controversial Energy Charter Treaty claim against the Netherlands over climate change legislation as a condition of a €15 billion bailout from the German government, as the company struggles to cope with the steep drop in supplies of Russian gas.

25 July 2022

Reactions roll in to ECT modernisation

Practitioners have shared their insights with GAR after contracting states to the Energy Charter Treaty agreed to a sweep of “modernisations”, including the withdrawal of protections for fossil fuel investments and amendments to prevent intra-EU claims.

29 June 2022

GAR Live Miami: has the ESG era already begun?

The era of ESG is here already and will be a “future battleground for disputes”, the Latin Lawyer and GAR Live Arbitration Summit in Miami heard this week.

27 May 2022

Spain hit with another ECT award

A divided ICSID tribunal has ordered Spain to pay almost €33 million to a Mexican billionaire’s company over cuts to the state’s renewable energy subsidy regime.

10 May 2022

Study finds green transition could prompt US$340 billion in ISDS claims

Government action to stop global warming could trigger more than US$340 billion in claims from oil and gas investors, according to a new study calling for an “abolitionist approach” to investment treaties.

10 May 2022

Towards greener arbitrations: carbon footprint and costs of in-person and virtual hearings compared

Maguelonne de Brugiere, Helin Laufer and Luke Hard report on a Herbert Smith Freehills case study of the difference in the carbon footprint and costs of in-person and virtual hearings in international arbitrations, unsurprisingly finding that virtual hearings are significantly less carbon-intensive and cheaper.

12 April 2022

“Regulatory chill” of ISDS stalling fight against global warming, says report

A new UN report that says action is needed “now or never” to avoid disastrous global warming has warned that investment agreements may be causing a “regulatory chill” delaying countries from phasing out fossil fuels.

08 April 2022

New study examines tension between ECT and climate law

States’ obligations under the Energy Charter Treaty are potentially in conflict with those under international climate law, and arbitrators may have to integrate the two or decide that “one trumps the other”, according to a new study.

14 March 2022

First GAR Connect Mediterranean has broad geographical reach

The first GAR Connect Eastern Mediterranean saw speakers discuss dispute-related trends arising from offshore natural gas fields in the Mediterranean itself, in countries bordering the sea like Cyprus, Israel, Egypt, Libya and Turkey, and as far East as the Gulf and Russia.

10 March 2022

The Escazú Agreement: internationalising environmental matters and sustainable rights

Meriam Nazih Al-Rashid, Kate Lomas and Angela Antoniou of Eversheds Sutherland report on a recently concluded Latin American regional treaty addressing environmental protections and the rights of environmental defenders, and providing for state-to-state arbitration over compliance with its terms.

15 February 2022

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