Topic: Komstroy

A Hungarian oil and gas group that won a US$237 million ICSID award against Croatia after defeating the state’s bribery defence has moved to enforce it in a US court, putting the award in the public domain.

26 January 2023

The Swedish courts have set aside intra-EU investment treaty awards made against Poland and Spain based on the European Court of Justice’s rulings in Achmea and Komstroy.

14 December 2022

An ICSID committee has upheld an award requiring Spain to pay €42 million to a Luxembourgish subsidiary of US private equity firm First Reserve, rejecting arguments that the tribunal should have declined jurisdiction over the intra-EU dispute.

02 December 2022

An ICSID tribunal has ruled Spain must compensate a group of German investors for reforms to its renewable energy subsidy regime, while other disputes over the same measures have seen failed reconsideration requests and an unsuccessful enforcement bid in Colombia.

16 September 2022

UPDATED: A German court has declared that two ICSID claims brought by German energy companies against the Netherlands are inadmissible as they are incompatible with EU law.

07 September 2022

The Polish government has prepared draft legislation to withdraw the country from the Energy Charter Treaty, citing the need to comply with EU law and a lack of progress in efforts to modernise the treaty.

02 September 2022

London-listed oil and gas company Rockhopper Exploration says it has won €190 million plus interest in an Energy Charter Treaty claim over Italy’s refusal to grant a concession for an oilfield on the country’s Adriatic coast.

24 August 2022

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

US arbitrator and academic George Bermann has criticised the European Court of Justice at GAR Live Istanbul for “hypocrisy” and “opportunism” in its attack on intra-EU investment and (increasingly) commercial arbitration – while also highlighting “twilight issues” on which tribunals lack guidance.

18 July 2022

BREAKING: For the first time ever, an investment arbitration tribunal has upheld a state's intra-EU objection, handing Spain a landmark jurisdictional win in one of the many renewables-related Energy Charter Treaty claims it has faced.

22 June 2022