Law: Energy Charter Treaty

Spain seeks annulment of renewables awards

Spain has applied to annul a pair of Energy Charter Treaty awards that held it liable to Japanese and Dutch investors over reforms to its renewable energy subsidy regime.

26 September 2023

UK considers withdrawal from ECT

The UK government has said it is considering withdrawal from the Energy Charter Treaty if signatories fail to adopt a modernised version of the treaty later this year.

01 September 2023

German courts offer protection to states facing intra-EU ICSID claims

DECISIONS NOW PUBLISHED: The German Federal Court of Justice has held that EU member states can use the German courts to seek legal protection against intra-EU ICSID claims filed under the Energy Charter Treaty.

27 July 2023

Portugal considers ECT withdrawal

Portugal is considering exiting the Energy Charter Treaty after the European Commission called for a coordinated withdrawal of the European Union and its member states.

21 July 2023

Annulment of intra-EU award upheld in Sweden

The Swedish Supreme Court has refused to hear a Luxembourg fund’s appeal against the annulment of a €56 million Energy Charter Treaty award against Spain.

17 July 2023

Practitioners urge US courts to enforce ECT awards against Spain

A group of practitioners and academics have urged the US courts to enforce two Energy Charter Treaty awards against Spain worth a combined €333 million – arguing that a failure to do so would “seriously undermine the operation and legitimacy of the investor-state dispute settlement framework”.

11 July 2023

European Commission formally proposes ECT withdrawal

Following failed efforts to modernise the Energy Charter Treaty, the European Commission has formally called for the EU and its member states to withdraw from the treaty in a “coordinated and orderly manner”.

07 July 2023

EDF wins ECT claim against Spain

Électricité de France has reportedly won a €29.6 million Energy Charter Treaty award against Spain over reforms to its renewable energy subsidy regime.

03 July 2023

Canadian court affirms Russia can present new evidence in Yukos challenge

A Canadian appeals court has confirmed that Russia can present new evidence in its challenge to a jurisdictional award in a US$700 million Energy Charter Treaty claim brought by an investor in defunct oil company Yukos.

08 June 2023

Ireland faces first-ever treaty claim

A London-listed oil and gas company has said it will pursue an Energy Charter Treaty claim against Ireland over an offshore drilling project – the country’s first known investment treaty claim.

22 May 2023

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