Work Area: Renewable energy

“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

Spain fails to annul German solar investor’s award

A divided ICSID committee has upheld a €41 million award won by a German solar power investor against Spain, as the state applies to annul another award in favour of a Japanese investor.

17 March 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

Dominican Republic defeats bid to revive lost profits claim

A Spanish wind farm investor has failed to revive a nearly US$288 million ICC claim against the Dominican Republic for lost profits, while an Australian mining company’s ICSID claim against the Caribbean state has cleared the jurisdictional stage.

02 March 2022

ICSID panel finds Spain liable despite Komstroy

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

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

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