solar

Opinion

Solar Wars Part XI: The EC Strikes Back

12/09/2019

Solar Wars Part X considered the continued willingness of arbitral tribunals to accept jurisdiction to hear claims under the Energy Charter Treaty (ECT) by EU investors against EU Member States, despite the judgment of the Court of Justice of the European Union in Slovak Republic v Achmea (Case C-284/16), which held that an arbitration clause in bilateral investment treaty (BIT) between two EU states contravened EU law. As a result, Spain was on the receiving end of five awards made May – August 2019. However, not all Member States which reformed their renewable incentive schemes are in the same situation; and the European Commission (EC) is taking steps to reduce the prospect of future claims by demanding the reform the ECT itself.

Renewables/Energy Transition

Solar Wars Part X: The force is strong with investors

20/08/2019

Previous Solar Wars articles explained how arbitral tribunals considering intra-EU claims under the Energy Charter Treaty (ECT) have consistently rejected the application of judgment of the Court of Justice of the European Union in Slovak Republic v Achmea (Case C-284/16), which held that an arbitration clause in bilateral investment treaty (BIT) between two EU states contravened EU law.

Renewables/Energy Transition

Solar Wars IX: The saga continues

15/05/2019

Previous Solar Wars articles reported on the numerous claims for breach of the Energy Charter Treaty (ECT) by EU investors against EU states such as Spain following the curtailment of those states' renewable incentive schemes.

Renewables/Energy Transition

Solar Wars Part VIII: Save us Hungary, you’re our only hope

28/01/2019

Previous Solar Wars articles have noted that tribunals hearing Energy Charter Treaty (ECT) claims by an investor from one EU Member State against another EU state had consistently held that the decision of the Court of Justice of the European Union (CJEU) in Slovak Republic v Achmea did not apply to ECT claims.

Opinion

Brexit, the Energy Charter Treaty and Achmea: A ray of light?

02/01/2019

In our Solar Wars series of articles we considered the numerous claims brought against Spain, Italy and other EU Member States under the Energy Charter Treaty (ECT), brought by investors following the curtailment of those states' renewable incentive schemes.

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