solar

Renewable/Other Energy

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.

Renewable/Other Energy

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.

Renewable/Other Energy

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.

Renewable/Other Energy

Solar Wars Part VI: Antin Infrastructure Services – may the fourth be with you

13/07/2018

Previous Solar Wars articles considered arbitral awards in respect of investors' claims under the Energy Charter Treaty (ECT) arising out of the curtailment of renewable incentive schemes in Europe. A recent award handed Spain a fourth defeat and in doing so, extended the protection offered by the ECT's fair and equitable treatment provisions to investments in concentrated solar power (CSP) projects made after Spain had already started reforming its solar incentive scheme.

Renewable/Other Energy

Solar Wars Part V: Achmea – a phantom menace?

11/07/2018

In our previous four Solar Wars articles, we considered arbitral awards in respect of investors' claims under the Energy Charter Treaty (ECT) arising out of the curtailment of renewable incentive schemes across Europe and the European Commission's (EC) statements that those claims breached EU law.

Breaking