Previous Solar Wars articles have considered whether claims by EU investors against Spain and other EU states under the Energy Charter Treaty (ECT) would be affected by the decision of the Court of Justice of the European Union (CJEU) in Slovak Republic v Achmea (Case C-284/16). That case held that an arbitration clause in bilateral investment treaty (BIT) between two EU states contravened EU law. The decisions in Masdar Solar & Wind Cooperatief U.A. v Spain (see Solar Wars Part V) and Antin Infrastructure v Spain (see Solar Wars Part VI) indicated that ECT tribunals were taking a consistent line in rejecting the application of Achmea to intra-EU ECT claims. Two recent awards appear to confirm this trend.
Clyde & Co
In our Solar Wars articles published on 9 and 10 January 2018, we examined the arbitral awards made in late 2016 and 2017 in respect of investors' claims under the Energy Charter Treaty (ECT) in connection with the curtailment of renewable incentive schemes across Europe.
A senior associate of law firm Clyde and Co has said that it is “full steam ahead for offshore wind in Scotland”.
Global law firm Clyde & Co has opened its first office in Mexico following a merger with a firm in Latin America.
On February 14 Toshiba announced that it was no longer willing to take construction risk on the Moorside nuclear plants. This puts thousands of new nuclear jobs in the rural Cumbrian constituency at risk -anything but a Valentine's Day gift.
New Age has secured a $425million loan to fund its exploration strategy in Africa and the Middle East.
The greatest concern for businesses looking to enter Iran is the remaining US sanctions, and its effect on the ability to raise finance according to research.
If you suspect a business counterparty is implicated in bribery and corruption what should you do? How do you protect your business from being tainted by the actions of your counterparty? Are your assets at risk?