Topic: Komstroy

An ICSID committee has upheld the largest award yet issued against Spain over its renewable energy reforms, rejecting arguments that the investor had “unclean hands” or that the tribunal should not have agreed to hear an intra-EU dispute.

28 March 2022

Another ICSID tribunal has held Spain liable over its renewable energy reforms while dismissing the European Court of Justice’s recent observations on the Energy Charter Treaty in Komstroy as not binding or persuasive.

21 February 2022

An ICSID tribunal that found Spain’s renewables energy reforms violated the Energy Charter Treaty has declined to revisit its findings in light of the European Court of Justice’s ruling in Komstroy, calling it “entirely irrelevant”.

09 February 2022

An ICSID tribunal has refused to reconsider its jurisdiction to hear an Energy Charter Treaty case brought by four German banks against Spain – one of the first arbitral decisions to address the effect of the European Court of Justice’s recent ruling in Komstroy.

06 December 2021

At a hearing in Luxembourg this week, the EU Commission and a number of member states called on the European Court of Justice to rule on whether the Achmea decision bars intra-EU investment arbitration under the Energy Charter Treaty - even though the dispute giving rise to the proceedings is between non-EU parties.

19 November 2020