Work Area: Renewable energy

Renewables claim against Germany clears early hurdle

An ICSID tribunal has refused to throw out an Irish renewables group’s Energy Charter Treaty claim against Germany on an expedited basis in light of the European Court of Justice’s recent ruling on intra-EU arbitration in Komstroy.

20 January 2022

US-Korean fuel cell dispute settles

A US fuel cell manufacturer has settled a billion-dollar technology dispute with South Korea’s largest private energy producer that had been playing out in five ICC arbitrations, following a successful mediation.

06 January 2022

Spain faces new enforcement actions

Investors have launched two new US court actions against Spain to enforce Energy Charter Treaty awards compensating them for reforms to the country’s renewable energy regime.

17 December 2021

Turkey and Peru face ICSID claims

Italian energy group Enel has launched an ICSID claim against Turkey, while Peru is seeking external counsel for two new claims relating to highway and metro concessions.

13 December 2021

Paris court upholds lockdown award

In the first known French decision on a covid-related set-aside request, the Paris Court of Appeal has refused to set aside an ICC award that was issued by a Paris-seated tribunal in March 2020 – 10 days into the first lockdown in France – and because of the circumstances signed by each arbitrator separately.

07 December 2021

Japanese investor wins damages over Spanish solar reforms

An ICSID tribunal has ordered Spain to pay a Japanese investor over €23.5 million plus interest and costs after finding that changes to the state’s renewable energy regime frustrated its legitimate expectations.

25 November 2021

Spain knocks out Abengoa’s billion-euro claim

An SCC tribunal has thrown out a €1.2 billion claim against Spain brought by a subsidiary of insolvent Spanish infrastructure group Abengoa over the state’s renewable energy reforms.

17 November 2021

Hydrogen: risks, opportunities and potential disputes

Hydrogen is likely to be key in helping the world reach net zero emissions, while issues around its transport and certifying its green credentials are rife for future disputes, according to a panel at Paris Arbitration Week. Elise Edson and Dimitrios Katsikis of Shearman & Sterling report.

05 November 2021

Romania faces another renewables claim

Undeterred by a recent ruling from the European Court of Justice on the scope of the Energy Charter Treaty, an Austrian energy utility has lodged an ICSID claim against Romania over reforms to its renewable energy incentives scheme.

02 November 2021

Ukraine hit with another renewables claim

Ukraine has been hit with another treaty claim over reforms to its tariff regime for renewable energy, as a state agency faces an unrelated ICC claim brought by a Chinese state-owned enterprise.

29 October 2021

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