Clyde & Co

Renewables/Energy Transition

Solar Wars Part VII: Attack of the tribunals

26/10/2018

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.

Opinion

Opinion: How can the government reboot the capacity market?

22/02/2017

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.

Opinion

Opinion: The risk of tainted funds

26/04/2016

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?

Breaking